Appeals Court Reverses Child Suport Reduction

A Stafford County father lost his petition to reduce the amount of his child support obligation due to a material change in circumstances when the Court of Appeals reversed the circuit court decision reducing the amount of support he had to pay under a 2004 order. The Court of Appeals rejected the father's assertions that the improved health of the children, coupled with his former wife's ability to obtain employment and his starting a new family justified a reduction in his support obligation because these constituted material changes in circumstance justifying amendment of the prior order.

The Court of Appeals held that absent proof that the child's mother was able to work, the mere allegation of the father was by itself insufficient to establish a material changeon that basis. So too, the father presented no evidence as to the amount of the increased living costs he claimed as a result of fathering a fourth child with his girlfriend. The court reasonaed that simply fathering a child is not sufficient proof of a material change in circumstances.