What is the likelihood of the court granting a modification

Reference no: EM133669197

To: Legal Research and Writing II Students

From: Your Supervising Attorney at the Law Offices of Smith and Johnson, LLC, 100 South Main Street, Santa Fe, New Mexico, 87505

RE: Mr. Arturo Garcia; Child Support Modification

After fifteen years of marriage, Arturo Garcia and Mary Chavez were granted a divorce. There are three children from the marriage. Mr. Garcia was awarded primary custody of the children. Ms. Chavez, a brain surgeon at the time of the divorce, was ordered to pay monthly child support in the amount of $3,000.00 per month. The terms of the divorce order were undivided in that it did not specify a "per child" amount.

Ms. Chavez always resented the amount of child support she was ordered to pay; her frustration over this led her recently to quit her medical practice and enroll in the paralegal program at the community college. This career change resulted in a substantial reduction in her income. She told several individuals that she quit her practice because she "can't stand to pay that much money to my ex-husband."

Four months ago, the oldest child turned eighteen and moved out of Mr. Garcia's house. As soon as the oldest child moved out, Ms. Chavez reduced by one-third the amount of child support she was paying. She neither sought nor obtained a court order granting a modification of her support obligation. She told Mr. Garcia that she did not have to pay the full amount because the oldest child had turned eighteen. Two months ago, she unilaterally reduced her child support payments to $500.00 per month. She told Mr. Garcia, "That's all I can afford to pay now that I'm going to school."

Mr. Garcia has come to us seeking legal advice. With the preceding facts in mind, can you prepare a memo addressing the following questions:

Can you use the cases Britton v. Britton and Wolcott v. Wolcott as research and can you use the IRAC formula.

Question 1. Was it permissible for Ms. Chavez to reduce support unilaterally when the oldest child reached the age of majority?

Question 2. What is the likelihood of the court granting a modification of child support as a result of Ms. Chavez's change of occupation?

Reference no: EM133669197

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