The recent case of Brickus v. Dent provides practitioners with a reminder that support orders may be modified in any appropriate manner — either upwardly or downwardly — regardless of whether the petitioner is seeking an upward or downward modification of the order and the respondent does not file a counter/cross-petition to modify.
Brickus was initiated in Chester County. According to a Superior Court opinion, the facts are as follows: Latoya L. Brickus and Raymond T. Dent are the parents of a child and were never married. In August 1999, a month after the child was born, Brickus filed a complaint for Child Support. On May 16, 2001, the court issued a modified support order increasing Dent’s child support obligation to $370 per month after Brickus filed a petition to modify. In 2007, Dent filed a petition to decrease his support obligation “due to his impending retirement from the military,” and thereafter withdrew his petition when the parties agreed to leave the 2001 modified support order in effect.
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