In re the Marriage of Carter-Scanlon

Summary

The Montana Supreme Court affirmed the denial of Joseph Scanlon's motion to modify his child support obligation. The court held that although Scanlon established a significant change affecting his ability to pay, the change was temporary and did not make the support obligation unconscionable under Montana law. The court also noted that the district court's stay of support was not properly before it because the appellee had not cross-appealed.

Holdings

1. The District Court did not abuse its discretion in denying Joseph's motion to modify child support because the evidence supported its conclusion that Joseph's changed circumstances were temporary and did not make the support obligation unconscionable.
2. The finding that Joseph's changed circumstances were temporary was supported by substantial evidence and was not clearly erroneous.

Questions Presented

1. Whether the District Court abused its discretion by denying Joseph's motion to modify his child support obligation based on changed circumstances and alleged disability.

Disposition

affirmed