Petersen v. Overbeke

The Supreme Judicial Court vacated the judgment of the district court modifying Father’s child support obligation to Mother regarding the parties’ minor child, holding that the court had authority to modify child support but erred in its calculations.On appeal, Appellant argued that the court erred by modifying the existing child support order because the issue was not raised by either party and that the court erred both by addressing the issue and in its calculations. The Supreme Judicial Court held (1) the issue of child support was sufficiently raised in response to a motion to modify such that Father had sufficient notice that his child support obligation may change, and therefore, the district court had the authority to modify the child support order; and (2) the court erred in its calculations, thus exceeding the bounds of its discretion in ordering Father to pay the determined child support. The Court remanded the case for the trial court to calculate and order the correct amount of child support. View "Petersen v. Overbeke" on Justia Law