Question
After 15 years of marriage, Gianni Panini and Pancetta Panini were granted a divorce in May 2015. There are 3 children from the marriage. Mr.
After 15 years of marriage, Gianni Panini and Pancetta Panini were granted a divorce in May 2015. There are 3 children from the marriage. Mr. Panini was awarded primary custody of the children because he had always been the primary caregiver. Ms. Panini, a brain surgeon at the time of the divorce, was ordered to pay monthly child support in the amount of $4,500 per month. The terms of the divorce order were undivided in that it did not specify a "per child" amount. Dr. Panini always resented the amount of child support she was ordered to pay. Her frustration over this led her to quit her medical practice recently and enroll in the paralegal program at the local 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 18 years of age and moved out of Mr. Panini's house. As soon as the oldest child moved out, Dr. Panini reduced by one-third ($1,500) the amount of child support she was paying. She did not seek or obtain a Court Order granting a modification of her support obligation. She told Mr. Panini that she did not have to pay the full amount because the oldest child had turned 18 years of age. Two months ago, she unilaterally reduced her child support payments to $500 per month for the 2 remaining minor children, for a total of $1,000. She told Mr. Panini, "That's all I can afford to pay now that I'm going to back to school."
1. Was it permissible for Dr. Panini to unilaterally reduce support when the oldest child reached the age of 18? 2. What is the likelihood of the Court granting a modification of child support due to Dr. Panini's change of occupation?
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