Scarpino v. Scarpino

This is an action to modify the terms of a divorce decree with respect to the custody and support of a minor child. The District Court granted custody of the minor daughter to the father; terminated the father’s obligation to pay child support; and denied the father’s prayer for child support from the mother. The father has appealed. The sole issue on the appeal is whether the court erred in refusing to order the mother to pay child support.

In October 1971, the petitioner, Betty Lou Scarpino, filed a petition for divorce against the respondent, Eugene James Scarpino. Two children had been bom…