Legal Memorandum: Excluding otherwise relevant evidence

Issue: Under Ariz. R. Evid. 403, when does a court exceed its discretion in excluding evidence?

Illinois law provides for the modification of a previous child support order in 70 Ill. Comp. Stat. 5/510 (2016) as follows:

Sec. 510. Modification and termination of provisions for maintenance, support, educational expenses, and property disposition.

(a)      Except as otherwise provided in paragraph (f) of Section 502 and in subsection (b), clause (3) of Section 505.2, the provisions of any judgment respecting maintenance or support may be modified only as to installments accruing subsequent to due notice by the moving party of the filing of the motion for modification. An order for child support may be modified as follows:

(1)        upon a showing of a substantial change in circumstances; and

(2)        without the necessity of showing a substantial change in circumstances, as follows:

(A)       upon a showing of an inconsistency of at least 20%, but no less than $10 per month, between the amount of the existing order and the amount of child support that results from application of the guidelines specified in Section 505 of this Act unless the inconsistency is due to the fact that the amount of the existing order resulted from a deviation from the guideline amount and there has not been a change in the circumstances that resulted in that deviation; or

(B)       upon a showing of a […]

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