Marriage of Huston v. Huston

CRIPPEN, Judge,

concurring specially.

I would also reverse the trial court’s decision on support and attorney fees, and remand the case for the trial court’s reconsideration of these issues.

We could affirm the trial court’s child support decision if it were not for its mistaken observation on one fact.

In assessing the resources of appellant and the children, the court evidently assumed that appellant would receive monthly public assistance of $391. The record indicates that appellant will receive no further public assistance, due to either her earnings or the $200 increase in monthly child support.

The trial court found that appellant and the children have “needs” of $1595 per month. A $500 support award, plus $380 earnings and $391 public assistance, would cover $1271 of these needs. Without the public assistance, however, only $880 per month is available to meet the needs of the children and their mother.

The trial court correctly endeavored to set a fair support award with deference to the circumstances of both parents and the children. Respondent’s ability to pay is evidently limited, with or without reference to the income and expenses attributable to his spouse. Facing the actual circumstances of both parties and the children, the court should reassess the fairness of its award.