The Marriage
The marriage of plaintiff husband and defendant wife was dissolved in January 2003, and the husband was ordered to pay alimony and child custody. After a series of motions regarding these awards and the established parenting plan, the father sought a reduction in his payments. He argued that he experienced a substantial change in circumstances, in part due to his move to California and allegations of parental alienation inflicted by the wife.
Court Outcome
The court rejected both of these grounds, pointing out the husband had moved prior to the date of the last order, and as such, this circumstance was not new. In addition, state precedent holds that there is no linkage between one’s obligation to pay child support and the exercise of visitation rights. Therefore, any allegations of parental alienation disrupting the husband’s visitation with his children are not sufficient grounds on their own to permit modification of child support payments.
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