Saling & Litvin Blog Modification of Prior Support Orders

Recently the firm handled a Superior Court appeal where the underlying trial court decision concluded that a parent who receives child support was not entitled to a full evidentiary hearing where a Petition to Modify was filed after the close of the record in a prior hearing, but before the final disposition of the matter occurred. As is sometimes typical, a period of approximately six months passed from the date the record concluded until the date the Hearing Officer's Report and Recommendation was filed. The crux of the recipient parent's argument on appeal was that a substantial change in circumstance occurred in the nature of Obligor's income, and that that information was not available until after the close of the trial court's earlier proceeding but before the trial court rendered its ultimate decision. Neither party filed exceptions to the resulting Report and Recommendation authored by the hearing officer, and neither party filed an appeal when that Report and Recommendation was incorporated into a final Order shortly thereafter.