Patch v. Patch

OPINION

COMPTON, Justice.

This appeal arises from the denial of a non-custodial parent’s motion to reduce his child support obligation. The primary issue on appeal is whether the trial court may consider the availability of a movant’s assets when asked to modify a child support obligation based on changed circumstances. A second issue is whether the trial court erred in awarding attorney’s fees to the Child Support Enforcement Division under Civil Rule 82.

I. FACTUAL AND PROCEDURAL BACKGROUND

Danny and Colleen Patch were divorced in January 1985. At trial the sole issue was the amount of child…