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Riddell v. Riddell

The trial court abused its discretion in ruling that trial counsel knew that his motion for new trial lacked justification and that it was brought to cause unnecessary delay in the proceedings.

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Benjamin Riddell “Husband” and Molly J. Riddell “Wife” were divorced on November 2, 2007, and, in May 2009, Husband was granted a modification of his child support obligation to the parties’ single child together. In the final order granting this modification, the trial court set forth the gross monthly incomes of Husband and Wife at that time. Later, Husband became delinquent in his child support payments and accumulated arrears of nearly $19,000. Wife then moved to have Husband held in contempt, and Husband moved to have his child support obligation modified for a second time. Following a March 27, 2012 hearing at which both motions were considered, the trial court held Husband in contempt and denied Husband’s petition for a downward modification.1 In connection with the denial of Husband’s petition for a downward modification, the trial court reasoned that:

there was no evidence whatsoever presented at the March 27, 2012 hearing as to the income and the financial status of the parties at the time of the May 2009 order on Husband’s first petition for a downward modification, and therefore there is no evidence before this court to justify me even getting to the point of calculating a new child support amount. And the motion for Modification is denied.

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