Trial court affirmed for determining that payor did not meet his burden of proof that use of the standards was unfair where payee’s income ($114,516) exceeded payor’s income ($108,384) and there was a significant disparity on disposal income after support.
Court erred in imputing income from farmhouse, as father does not have control over the house. Similarly, the court erred in including his share of undistributed partnership profits, as he does not have authority to unilaterally mange the partnership. However, the court properly included the partnership payments of health insurance premiums for his benefit, as the constitute gross income under the federal tax code.
Court properly found that it would be unfair to include vacation trips, awarded to father by his employer, in gross income as the trips could not be readily converted into cash and do not enhance the payor’s financial means to make child support payments.
Trial court properly exercised its discretion in shared time place where the court did not base support on a fixed number of additional overnight equivalents.
Standards are presumptive, not mandatory. Court need not consider all statutory factors, only those relevant to whether a deviation is warranted. Trial court properly deviated from standards based on unique circumstances of the case, including ability to pay.
Court properly applied shared time placement formula. (fn. 2 at 190). Trial court did not erroneously exercise its discretion in imputing retirement benefits to wife for purposes of child support.
The shared-time formula is part of the presumptive percentage standard where the payer has the requisite number of overnights or the equivalent.
Court must state in writing or on the record why the use of the percentage standards would be unfair and the reasons for the deviation.
Court had an erroneous understanding the shared-time formula. The court cannot order parties to split variable costs as an alternative to ordering child support.
Trial court erred by ordering husband to pay half of child care expenses without finding a deviation from the standards.