87 So. 3d 581
Ala. Civ. App.2012Background
- Parker appeals a postdivorce judgment denying child-support modification.
- Divorce judgment (2006) awarded father primary custody and no child support by agreement.
- In 2010, father sought modification to require mother to pay child support; trial held ore tenus.
- 2011 trial court denied modification by noting unaddressed matters were denied; judgment appealed.
- Court held mother was voluntarily unemployed under Rule 32(B)(5) and there were material changes in needs and mother’s ability to pay.
- This Court reversed and remanded for modification consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether modification required based on material change. | Parker argues material changes in needs and mother’s ability justify modification. | Parker contends trial court failed to recognize changes and impute income as needed. | Yes; modification warranted due to material changes. |
| Whether mother’s voluntary unemployment supports imputed income. | Parker asserts mother is voluntarily unemployed and income should be imputed. | Parker contends court erred in not imputing income and considering changes. | Yes; trial court exceeded discretion by not imputing income. |
| Standard for determining changed circumstances in child-support modification. | Parker relies on established standards for changed circumstances increasing needs. | Mother challenges the sufficiency of evidence of continuing need. | Changed circumstances shown; modification appropriate. |
Key Cases Cited
- Romano v. Romano, 703 So.2d 374 (Ala.Civ.App.1997) (standard for changed circumstances in child support)
- Daniels v. Daniels, 4 So.3d 479 (Ala.Civ.App.2007) (Rule 32(B)(5) imputes income for voluntarily unemployed/underemployed)
- Campbell v. Tolbert, 656 So.2d 828 (Ala.Civ.App.1994) (increased needs and ability to respond as standard for modification)