The applicant mother brought a motion for summary judgment to dismiss the respondent father's motion to change a final order for child and spousal support.
The father argued that his assignment in bankruptcy and subsequent status as an employee rather than a business owner constituted a material change in circumstances justifying a reduction in support.
The court granted the mother's motion for summary judgment, finding no genuine issue requiring a trial.
The court held that the father's voluntary assignment in bankruptcy did not affect his income or capacity to earn money, and therefore did not constitute a material change in circumstances.
The father's motion to change was dismissed.