DaVolio v. DaVolio

Summary

The court upheld the denial of the father's request to downwardly modify his child support obligation. It concluded that he failed to credibly establish that his employment ended through no fault of his own or that he diligently sought reemployment consistent with his earning capacity.

Holdings

1. Such child support provisions should not be disturbed absent a substantial and unanticipated change in circumstances; a parent's loss of employment may qualify only when the termination occurred through no fault of the parent and the parent diligently sought reemployment commensurate with earning capacity.
2. The Family Court properly denied the father's objections because the record supported the Support Magistrate's determination that the father was not credible regarding his employment departure and had not satisfied his burden of proof.

Questions Presented

1. Whether the father's loss of employment constituted a substantial and unanticipated change in circumstances warranting downward modification of the child support obligation.
2. Whether the Family Court properly deferred to the Support Magistrate's credibility determinations and denied the father's objections.

Disposition

affirmed