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f To: Your Name ~ From: Darrel Harrison, Supervising Assistant District Attorney *~ RE: Mr. Arturo Garcia; Child Support Modification Docket No.: Fam Ct. 1102-019 After 15 years of marriage, Arturo Garcia and Mary Chavez were granted a divorce in May 2001. There are three children from the marriage. Mr. ' Garcia was awarded primary custody of the children. Ms. Chavez, a brain surgeon at the time of the divorce, was ordered to pay monthiy child support in the amount of $3,000 per month. The terms of the divorce order were undivided in that it did not specify a “per child® amount. Ms. Chavez always resented the amount of child support she was ordered to pay; her frustration over this led her recently to quit her medical practice and enroll in the paralegal program at the community college. This career change resulted in a substantial reduction in her income. She told several individuals that she quit her practice because she "can't stand to pay that much money to my ex-husband.” Four months ago, the oldest child turned 18 and moved out of Mr. Garcia's house. As soon as the oldest child moved out, Ms. Chavez reduced by one-third the amount of child support she was paying. She neither sought nor obtained a court order granting a modification of her support j obligation. She told Mr. Garcia that she did not have to pay the full amount because the oldest child had turned 18. Two months ago, she Z unilaterally reduced her child support payments to $500 per month. She told Mr. Garcia, "That's all | can afford to pay now that I'm going to school."f Mr. Garcia has come to us seeking legal advice. With the above facts in mind, prepare a memo addressing the following questions: 1. Was it permissible for Ms. Chavez to unilaterally reduce support when the oldest child reached the age of majority? 9 What is the likelihood of the court granting a modification of child support due to Ms. Chavez's change of occupation? Please note that the statute of limitations is not an issue for this memorandum.