Tracy Lynn Muhlstadt v. Larry David Muhlstadt

Petition to modify child support obligation was filed by Father; Mother filed a counter-petition requesting that the court make a determination as to where their child would attend school. The trial court dismissed Father’s petition when he did not provide information to support his assertion that he no longer received a portion of the income upon which his child support obligation was based and therefore he failed to show a change of circumstance relative to his income. The court found that it would be in the child’s best interest to attend school in the school for which Mother’s residence was zoned and granted Mother’s counter-petition; the court also awarded attorney fees to Mother. We affirm the court’s decision relative to the child’s school enrollment. We reverse the order dismissing Father’s petition for modification and remand the case for reconsideration; we reverse the award of attorney fees.