Martin v. Borries (Mississippi 2019)

No. 2018-CA-00068-COA (Miss. Ct. App. 2019)
June 2019

A voluntary reduction in income is not a substantial change of circumstances for a modification of child support. A change must be unforeseen. At the time of the parents’ divorce, the father worked overseas and earned a substantial amount of money. After the divorce, his job ended, and he moved back to Mississippi and found work as an electrician, making substantially less. He filed to modify his child support based on his income reduction. The district court denied his request, and he appealed. The court of appeals upheld the decision. The court noted that the father’s testimony showed that at the time of the divorce, he knew his overseas job was not permanent, so its end was not unexpected. The court also found that he had other opportunities for high paying jobs, but he wouldn’t take them for personal reasons.