Maclafferty v. Maclafferty

829 N.E.2d 938 (2005)

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Nature of the Case

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Facts

The marriage of H and W was dissolved on June 30, 1995. Physical custody of the couple's two children was awarded to W. The parties have been back to court a number of times with disputes over child support, parenting time, and other issues. By court order dated April 17, 2002, H was to pay $364 per week plus six percent of any bonus income earned as child support. H filed a petition to modify that order because W had obtained full-time employment, and her income had increased. The court found that W's income for child support purposes to increase from $324 per week ($16,848 annualized) to $709 ($36,868 annualized). H's income for child support purposes also increased during this time period, from $2,287 per week ($118,924 annualized) to $ 2,407 ($125,164 annualized); none of these amounts include bonuses. The court found changed circumstances and granted H's petition. It reduced H's child support obligation to $313 per week (plus 6% of any bonus income earned). W appealed, and the Court of Appeals affirmed. W appealed.