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Support Magistrate Jordan

A MODIFICATION provision in the parties’ Nov. 14, 1994 separation agreement, incorporated but not merged with their Dec. 15, 1995 divorce judgment, provided that respondent husband would annually provide petitioner with tax return and gross income information so as to calculate his child support obligations, until the emancipation of the parties’ child, who turned 21 on Oct. 1, 2002. Respondent failed to provide proof of his 2001 and 2002 incomes. In her action to enforce the divorce judgment, petitioner sought upward modification of respondent’s child support obligations from Jan. 1 to Sept. 1, 2002 based on his 2002 income. The court found that respondent owed petitioner $270 for child support underpaid in 2002. Noting the child’s majority, the court found that respondent was not obligated under the divorce judgment to provide petitoner with proof of his 2002 income. However, it found that respondent violated the divorce judgment by failing to provide petitioner with proof of his 2001 income.

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