Giugliano v. Giugliano

Clarke, Chief Justice.

We granted appellant’s application to appeal from the trial court’s order in a modification action to answer a single question: Did the trial court err in refusing to consider Mr. Giugliano’s motion to modify child support?

The parties were divorced in September 1987. By the terms of the agreement incorporated into the divorce decree Mr. Giugliano was to pay $150 per week child support. His income decreased because of a job change. The parties drafted what they referred to as a modification of the previous agreement in November 1989. The agreement was not executed at that…