Father with custody of child from previous marriage is a serial payor within meaning of HSS 80 – no need that there be a court order for support; husband was legally responsible to raise child.
Finding that percentage standards would be unfair to child is affirmed – husband’s income fluctuates in relation to his business and trial court held that it would be in the best interests of the child to have a set amount of support.
Child support guidelines do not anticipate that the payee parent will make a dollar-for-dollar contribution to child support. The standards are based on the percentage of income and disposable assets that parents use to raise their children.
Having subsequent children does not give rise to modification of child support for first children as serial payor.
Military Separation benefit is gross income under HSS 80.
Trial court erred in finding percentage standards unfair due to inequality in available incomes.
Spouse is not a dependent under federal tax laws and her income should not be added to husband’s for child support.
Court did not misuse discretion by failing to use guidelines in modification case where payor was expending more than what the law might ordinarily require of a high income obligor.
Trial court erred in equal placement case by dividing difference between 25% of each parent’s income in half.
Undistributed income of grantor trust is available for child support.