Geralyn M. Randich - Page 21

                                       - 20 -                                         
               However, in September 2000, Mr. Randich filed a motion for             
          modification of support.  The grounds for his motion were that              
          after the divorce judgment entered on April 12, 2000, the oldest            
          son, CR, became emancipated, and there was a change of custody              
          for a minor child, LR, from Ms. Randich to Mr. Randich.  The                
          circuit court, having jurisdiction over this matter, entered an             
          order on March 5, 2001, finding that “the change of custody of              
          the minor child, CR, constitutes a change of circumstances                  
          regarding support.”  At that time, the circuit court did not                
          modify the amount of the unallocated family support set forth in            
          the April 12, 2000, judgment of divorce.                                    
               The circuit court, on April 18, 2001, entered a decision and           
          order with respect to the motion for modification of support and            
          found that after consideration of the facts, affidavits, and                
          arguments of the parties, a substantial change of circumstances             
          had occurred warranting a review of unallocated family support.             
          The circuit court ordered that unallocated family support be                
          reduced from its then-current level of $28,800 to $25,200 per               
          year retroactive to October 1, 2000.  The monthly amount was                
          reduced to $2,100.  Because of the retroactive effect of the                
          order, Mr. Randich was due an offset of $3,812.95.                          
               Because of the circuit court’s order of April 18, 2001,                
          retroactively reducing the unallocated family support to $25,200            
          effective October 1, 2000, we hold that for the taxable year                






Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011