In re MARRIAGE OF POLLARD
991 P.2d 1201 (2000)
NATURE OF THE CASE: Pollard (F) challenged a judgment, which modified the parties' child
support order in Brookins' (M) petition for modification of the child support order.
FACTS: F and M were divorced in October 1989. M was to pay f, as custodial parent, $ 217
per month for the couple's two children, born in 1983 and 1984. In January 1997, M
petitioned for modification of the child support order, claiming change in income. After
remarriage and the birth of two additional children, M had left military service and now
worked part time for the military while working full time as a mother and homemaker. During
the last year of her full-time military employment, M earned approximately $ 22,150. M is
now making approximately $ 323 per month in her part-time work for the military. M requested
reduction of her support obligation to $58 per month ($ 29 per child), effective from the
date she filed the petition in January 1997. The trial court modified the support order,
reducing Ms. Brookins's obligation to $ 85 per month. The court concluded that 'M is not
voluntarily underemployed with an intent to avoid child support but is working as a mother
in the home full time raising children.' F appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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