[U] Allen v. Allen

1. Kari Tenley (f/k/a Kari Allen) appeals an order modifying Richard Allen's child support obligation and expunging his arrears. Because the circuit court found a substantial change in circumstances based on Allen's actual earnings, we affirm that part of the order reducing Allen's child support obligation. We conclude, however, that the circuit court lacked the authority to expunge any arrears that had accrued up to January 1, 2003. We therefore reverse that part of the circuit court's order expunging Allen's arrears. 2. Tenley and Allen were divorced in 1993; at that time, Allen was ordered to pay 17% of his gross wages for child support. That amount was later modified to 15.8% of Allen's gross income. After a change in his employment, Allen filed motions to modify child support arguing that the increase in his income led to an absurd level of child support. Those motions were denied.