(concurring in part and dissenting in part).
I find myself in a position of not being able to agree with the disposition being made in this case on the question of support money for children. The facts as recorded in the majority opinion speak for themselves. This father after income taxes has a net income of approximately $15,500 per annum. Out of income under the judgment he is compelled to pay for the support of his two teen-age children $2,400 per year for support and $750 per year for bonds and insurance premiums for the children’s ultimate benefit, leaving him a net of $12,-350. By the evidence it very plainly appears that the mother’s present husband, a school teacher, is, by force of circumstances, in no small part furnishing the cost of rearing and supporting defendant’s children. The amount furnished by the defendant-father does not adequately furnish the roof, heat, light, water, gas, clothing, food, recreation, transportation, music lessons, medical and dental attention required and consumed by his children. The appellant, her husband and the two children live in a modest 3-bedroom, 1-bath home, being purchased under contract, with monthly payments of $145. The husband’s monthly salary as a school teacher, is $466 per month. The family has two old cars, owned separately before marriage, one of which the husband uses in his profession *71and the other is used as a famiily car by the wife and children. These cars entail expense and will ultimately have to be replaced.
What is defendant’s legal duty in this respect, aside from his moral obligation? In Branham v. State, 33 Ariz. 170, 180, 263 P. 1, 4, we quoted with approval the rule laid down in State v. Waller, 90 Kan. 829, 136 P. 215, 49 L.R.A.,N.S., 588, where it was said:
“ ‘He is obliged to provide such a place of abode, such furniture, such articles of food, wearing apparel, and use such medicines, medical attention and nursing, such means for the education of children, and such social protection and opportunity as comport with the health, comfort, welfare, and normal living of human beings according to present standards of civilization, considering his own means, earning capacity, and station in life.’ ” (Emphasis supplied.)
An allowance for support of children should be reasonable. What is “reasonable” depends upon the ability of the husband to pay as well as the children’s necessities. The amount thereof must be governed by the circumstances and facts of each case. 27 C.J.S., Divorce, § 319(h). The evidence clearly shows a marked increase in the needs and expenses of the growing children of the parties. These expenses were outlined in detail by the plaintiff, and no evidence was offered by defendant to refute their accuracy, honesty or completeness.
In view of all the facts and circumstances I am of the opinion that the trial court abused its discretion.
“The term ‘abuse of discretion’ does not mean any reflection upon the presiding judge and does not carry with it an implication of conduct deserving censure, but is strictly a legal term indicating that the appellate court is of the opinion that under the circumstances the trial judge committed error of law in the exercise of his discretion.” 1 Words and Phrases, Abuse of Discretion, p. 182. Quoted with approval in Brown v. Beck, 64 Ariz. 299, 303, 169 P.2d 855.
In a recent Idaho case the court held that it was an abuse of discretion for a court to award a child only $25 per month for support when it appeared that the father, a member of the armed services, was receiving a salary of $126 per month after all deductions for family allowance. This enlightened court said:
“When we consider the ability of the respondent to pay, the present high cost of living, the needs of a growing boy, and other surrounding facts and circumstances, it is apparent that the *72amount allowed is inadequate, and the appellant should be awarded the sum of $50.00 per month, commencing August 1, 1949, for the support of the child. * * * ” Hampshire v. Hampshire, 70 Idaho 522, 223 P.2d 950, 953, 21 A.L.R.2d 1159.
To rule that a father and his second wife, with no other dependents, needs $12,350 per year, and that his two growing teen-age children need only $2,400 per year for both of them, tends to establish a false standard of child support in this state.
I agree with the majority that the learned trial judge abused his discretion in allowing appellant an attorney fee of only $200. All of us readily agree that this allowance was wholly inadequate and unreasonable. It is my opinion that the trial judge used the same yardstick of unreasonableness in attempting to arrive at a reasonable allowance for the support of the children that he used in fixing the allowance for attorney fees. Its use and confirmation by the majority leaves the graver of the two wrongs unredressed.
A careful consideration of the entire record, the situation of the parties, the defendant’s financial standing and earning capacity, leads me to conclude that the defendant should be required to pay at least $350 per month for the current support of his two children in addition to the fringe benefits which he is providing.