Judge Lisa S. Headley

Wife filed objections to a Support Magistrate's dismissal order denying her petition to modify and increase a prior order entered against husband. She claimed a substantial change in circumstance to seek the modification, arguing a loss of income due to declining health and alleged husband failed to disclose “off the books” income. Upon questioning, wife stated her income remained the same since the entering of the prior order. Yet, at the conclusion of the hearing, wife changed her testimony stating she did not work but her request for an adjournment to submit documentation was denied as the matter was marked final for the parties to submit all financial paperwork which they failed to provide. The magistrate found wife failed to state a cause of action and did not submit any evidence supporting an increase in support as she did not articulate any basis for the requested relief. No substantial change in circumstance was presented as wife's income remained the same as when the support order was entered, thus, there was no decrease that may be used as a basis to increase husband's obligation. The court ruled the magistrate properly relied on testimonies and nothing in the record indicated dismissal of wife's modification petition was unjust, declining to disturb the decision.