On a motion to vary an interim child support order, the moving party sought retroactive reduction of support to nil following job loss, unemployment, incarceration, and the later creation of a self-employment business.
The court held that a material change in circumstances justified reducing support to nil only for the period from November 1, 2016 to April 30, 2017.
After release from incarceration, the moving party provided no meaningful evidence of job-search efforts or business income disclosure, and the court applied the intentional underemployment principles to impute income at the level used in the original interim order.
The motion was therefore granted only in part.
