Tomlinson v. Tomlinson

The principal issue in this appeal was whether a trial court could modify unallocated alimony and child support payments following a change in the primary physical custody of the minor children from the party receiving the unallocated payments to the party making the payments, when the dissolution judgment incorporated a provision in the separation agreement providing that such payments were nonmodifiable. The trial court granted Defendant father's motion to modify the order that he make unallocated alimony and child support payments to Plaintiff mother following the parties' decision to transfer primary physical custody of the children to Defendant two years after the judgment dissolving their marriage was rendered. The Supreme Court reversed, holding that under the particular circumstances of the present case, the trial court had the authority to modify Defendant's child support obligation. View "Tomlinson v. Tomlinson" on Justia Law