Mullin v. Roy f/k/a/ Mullin, S10F1120
*All courts mentioned are at the state level.
- Trial courts have the discretion to order a lump sum payment of child support obligations.
- While in the midst of a divorce, husband was caught with child pornography, accordingly lost his job and was living off his $422,000 inheritance. Husband pled guilty in federal court, and was sentenced to five years in prison. The court acknowledged that his earning potential would be somewhat impaired upon his release from prison due to required registration as a sex offender and ordered husband to pay his entire child support obligation for 15 years by a single payment of $201,960 within 60 days.
- Court’s discretion to award lump sum child support award was not eliminated by the 2007 revision of Section 19-6-15.
- Husband’s contention that the lump-sum award would preclude any future modification under Section 19-6-15 (k) was purely speculative and therefore not ripe for adjudication.
- Trial court did not need to discount the lump sum to reflect present value because Husband failed to show that such reduction would be appropriate in light of the current economy.