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Reported Cases

Appeal from Trial Court of denial of Mother’s Motion to Increase Father’s child support.

Mother filed a motion to increase Father’s child support obligation, originally set in divorce in 1996. Since that time, Father’s income had increased and mother had been adjudicated disabled. Father objected to Mother’s calculation because the child received Social Security benefits due to Mother’s disability, which he contended constituted an independent source of income. The Trial Court agreed, deducting the full amount of the benefit from the base support and apportioning the remainder according to incomes. The Court of Appeals upheld the finding, applying the manifest injustice standard of review and found nothing in the record to indicate the child would suffer an injustice as a result of the trial court’s order.

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