reasonable suspicion, marijuana, private right of action, off-duty conduct.

Erika Mairs brings action against her ex-husband for past-due child support payments and asks the court to reject her ex-husband's petition for a reduction in the amount of his monthly payments. Thomas Mairs petitioned for a reduction in child support payments after he resigned from his position as a security guard. Mairs was given the option of resigning before being terminated for alleged misconduct. Mairs left his assigned post to use a washroom. A co-worker later told supervisors that Mairs smelled of marijuana when he returned. Based on reasonable suspicion, a supervisor ordered Mairs to submit to a drug test. Mairs' test sample indicated trace amounts of marijuana. Mairs was told he could either resign or face termination. Mairs petitioned the court for a re-structuring of his child support payments because he was not earning the same income he was when the payment schedule was originally set.

This is the first judicial review of this case.

A split decision: The Family Court of Delaware, New Castle, granted a reduction in the amount of Thomas Mairs' child-support payments. The court also ordered Mairs to pay the past-due child support.