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Appeals Court hears challenge to child-support modification and retroactive award in Filacci case
Summary
At oral arguments in Filacci v. Heffelfinger, appellant counsel argued the trial judge abused discretion in modifying child support and miscalculated a $133,400 retroactive award; appellee's counsel defended the judge's detailed findings and conceded a limited arithmetic error. The panel took the case under advisement.
An appellate panel heard arguments in Filacci v. Heffelfinger on a challenge to a trial judge's modification of child support and a disputed retroactive payment. Peter Cooperstein, attorney for appellant David Filacci, urged the court to reverse, saying the judge misapplied the child-support guidelines and erred in the retroactive calculation.
Cooperstein told the panel that although both parents' incomes rose since the divorce, the judge improperly used all of the father's income while discounting the mother's rise from about $80,000 to $152,000. He said the trial court's decision to require the father to pay 10% of gross income above $800,000 with no cap contradicted…
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