McGinley v. McGinley

Practice Area: Family

Date: June 30, 2011

Outcome: I was successful in the appeal. The trial court's decision was reversed and the matter remanded back to the trial court.

The parties were divorced in 1998. I represented the ex-husband on a post-judgment basis. In 2004 primary custody of both children were transferred to my client and the ex-wife was required to pay child support to him. In 2008 the parties' son began residing with the ex-wife once again and as a result she filed a motion to obtain child support from my client. Initially, the trial judge decided to grant the ex-wife child support in an amount equal to 50% of my client's child support as per the PSA entered in 1998. The ex-wife then filed a motion for reconsideration of that order. In deciding the motion for reconsideration the trial judge increased my client's child support obligation that was in the 1998 PSA by the percentage increase in his income from 1998 to 2010. I filed an appeal of that decision on the basis that the trial judge's simple mathematical calculation to determine child support was contrary to the law that required him to consider all statutory factors and the child support guidelines.

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