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In re Marriage of Little (Little v. Little) | 975 P.2d 108 (Ariz. 1999)

States’ guidelines for calculating child support vary, but they’re generally tied to a parent’s income. In In re Marriage of Little, we explore what happens to a parent’s support obligation if the parent voluntarily terminates employment.

When Billy Little and Lisa Little divorced, Billy was a lieutenant in the United States Air Force. The court awarded custody of the couple’s two young children to Lisa and ordered Billy to pay approximately twelve hundred dollars a month in child support. The next year, Billy voluntarily resigned from the Air Force to become a full time student, seeking to add a law degree to his undergraduate degree and Master of Business Administration.

Because he was no longer earning an income, Billy petitioned to reduce his support obligation to approximately two hundred forty dollars a month.

The trial court denied Billy’s request, finding that he voluntarily left employment without considering his children’s needs and that the reduction would be detrimental to the children. The court instead made a small reduction because Lisa’s income had increased. Billy appealed to the state appeals court, which reversed because Billy’s decision was made in good faith. Lisa appealed to the Arizona Supreme Court.

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