Fabiano v. Fabiano

The principal issue of this appeal is whether the trial court erred by declining to modify the defendant’s child support obligation to the plaintiff, where the defendant’s assets had increased substantially as a result of a personal injury award. The plaintiff appeals, claiming that the court abused its discretion by failing to find that the increase in the defendant’s assets constituted a substantial change in circumstances warranting a modification. We find error.

The marriage of the parties was dissolved in February, 1978. They have two children, now ages thirteen and eleven. At the time of…