Henderson v. Henderson

FARMER, Judge.

The former husband appeals an order granting his former wife’s petition for modification of child support. The petition had followed close on the heels of a previous such application. Eleven months earlier, the court had denied a similar petition for modification, finding no significant change in the circumstances of the parties. We reverse.

Although there was some evidence at the hearing on the later petition showing an increased need, that finding alone will not support a petition for modification; there must also be evidence of an ability to pay the increase sought before…