Farwell v. Farwell

Wilkie, J.

(dissenting in part). I would affirm. The trial court did not abuse its discretion in setting child support at $500 per month. The defendant receives a salary of $16,000 on a nine-month basis. He has been employed during the summer and other income brings his yearly total to $20,000. To disturb the trial court’s decision and set child support at $4,200 annually instead of $6,000 may well force the plaintiff to seek permanent employment. A mother’s direct care of her children is a precious asset; driving her to employment will seriously undermine her ability to give her children her full care and will make necessary other costly arrangements for care of the children while she is away. The father has a duty and a capacity to care for the children and can afford to pay $6,000 for the discharge of this responsibility. In its discretion the trial court so decided and I cannot find any abuse of discretion in that decision.

I am authorized to state that Mr. Justice Heffernan joins in this dissent.