Opinion
No. CI-74-137
Decided March 30, 1983.
Domestic relations — Motion for decrease in child support — Material change in circumstances not shown by loss of job, when.
O.Jur 3d Family Law § 1196.
On motion for decrease in or termination of child support, the movant fails to show a material change in circumstances based upon the loss of his job where he did not quit for good cause, he was not laid off for lack of work, such unemployment was not in excess of one year, and there was no showing that prospective employment was highly unlikely.
Ms. Barbara J. Smith Farmer, pro se. Mr. John A. DeMuth, for defendant.
On January 19, 1983, defendant, Robert K. Smith, filed a motion requesting "that his order of support be either terminated or substantially reduced due to his current economic situation."
Defendant proved he lost his job at Sims Cab Co., Inc. in Payne but not that he "quit for good cause" or "was laid off for lack of work by the company." Further, he has not shown unemployment in excess of one year plus a factual situation indicating that any available prospective employment was highly unlikely. Consequently, this court concludes that he has shown no "material change in circumstances" justifying any change in the order.
Motion overruled.