Monday, October 19, 2020

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3. Write the relevant or applicable rules or tests from the Britton and Wolcott cases. State each rule or

test in one or two sentences only. Number them as Britton Rule 1, Britton Rule 2, Wolcott Rule 1, etc.

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Britton v. Britton, 100 N.M. 424 (1983)

Britton Rule 1

Modification of support obligations is strictly a matter to be determined by the courts.

Britton Rule 2

The obligor parent cannot unilaterally alter child support obligations.

Britton Rule 3

The general rule is that an undivided support award directed at more than one child is presumed

to continue in force for the full amount until the youngest child reaches majority.

Britton Rule 4

Each monthly child support installment mandated in the final decree is a final judgment,

not subject to retroactive modification. Therefore, the statute of limitations period applies.

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Wolcott v. Wolcott, 105 N.M. 608 (1987)

Wolcott Rule 1

The decision as to reducing or maintaining the support obligation rests within the trial court's

discretion.

Wolcott Rule 2

To justify modification in child support and alimony, there must be evidence of a substantial

change of circumstances.

Wolcott Rule 3

The recipient's actual need for support is the essential criterion.

Wolcott Rule 4

A good faith career change, resulting in a decreased income, may constitute a

material change in circumstances that warrants a reduction in a spouse's support obligations.

This change does not automatically mandate a reduction in his support obligation.

Wolcott Rule 5

Where the career change is not made in good faith, a reduction in one's support obligations will

not be warranted.

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