Herrin v. Herrin

HINES, Justice.

This Court granted the mother’s application for discretionary appeal to consider the propriety of the superior court’s upward modification of her child support obligation and its award of attorney fees in favor of her ex-husband after finding her in contempt. The modification was expressly premised upon the superior court’s findings regarding the mother’s earning capability. Examination of the record discloses that it is devoid of evidence that the mother had the ability or means to earn the amount found by the superior court and upon which it based the award of increased child…