Toyama v. Toyama

SILAK, Justice,

specially concurring.

I write separately to clarify the procedural posture of this case. Although Barbara claimed in her amended petition of October 1992 that Roy’s earning power had not been totally diminished due to age, accident or illness, this issue was never decided by the magistrate. Judge Haman in his appellate opinion specifically noted that the factual issue was not before the magistrate and was not decided by the magistrate. The decision of the magistrate and this Court are limited to determining that a self-executing provision for the adjustment of support payments may be invoked without the need for a prior determination by the magistrate court. I agree with the Court’s statement, op. at 144-45, 922 P.2d at 1070-71, that an aggrieved party may petition the magistrate court for a determination whether an event which triggers a reduction in support has actually occurred.