IN RE THE MARRIAGE OF LITTLE 975 P.2d 108 (1999) CASE BRIEF

IN RE THE MARRIAGE OF LITTLE

975 P.2d 108 (1999)

NATURE OF THE CASE: This was a dispute over child support when a parent decides to go back to school.

FACTS: H and W divorced in 1995. H was ordered to pay $1,186 per month for the support of his two young children. In 1996, H resigned his commission in the Air Force, that paid a $48,000 salary and yearly benefits, and he chose to enroll full time as a student in Arizona State University College of Law. H petitioned the court to reduce his support to $239 per month. This request was denied on grounds that H voluntarily left his employment to further his own ambitions and that he had failed to consider the needs of his children. The trial court did reduce the amount to $972 per month on the ground that W had acquired a higher paying job. The court of appeals applied a good faith test to determine that the lower court abused its discretion. This appeal resulted.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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