Rebecca Diane Turner (Turpin) v. Charles Daniel Turner -Concurring

This appeal involves an acrimonious post-divorce dispute over child support and visitation. After their divorce in 1990, the mother filed several petitions in the Circuit Court for Warren County seeking to hold the father in contempt. The father also filed several petitions to modify his child support because of his inability to pay. This appeal involves the denial of the father’s latest petition for modification and the summary suspension of his visitation for not paying child support. We have determined that the evidence preponderates against the trial court’s conclusion that the circumstances with regard to the father’s income have not changed and that the father’s visitation should be suspended. Accordingly, we vacate the order dismissing the father’s petition and remand the case for further proceedings.