Tolliver v. Tolliver (Mississippi 2022)
To modify child support, a parent must show a material change of circumstances that were unforeseen at the time of the original order. The father worked full-time and held several side jobs. Following a mandatory COVID-10 quarantine, he didn’t report back to work at his full-time stating he still had symptoms, yet he still worked at his side jobs. He was terminated and the letter noted he continued to work at outside employment while receiving paid sick leave. He requested a modification of his child support. The mother filed to dismss, arguing the father’s reduced income was due to his own actions. The chancery court granted the mother’s motion, and the father appealed. The appellate court affirmed. The father had to prove that his actions didn’t cause him to be fired. He failed to meet this burden. He violated his employer’s family and medical leave policy by working while receiving paid sick leave. The record contained sufficient evidence to support a determination of bad faith.