(dissenting).
To establish alimony, based upon gross wages, is wrong; it defies the true net income. It is not economic reality; thus, it inherently skews alimony upwards. Gross wages or gross earnings do not depict the true ability to pay. Need and the ability to pay are the two well established criteria in setting alimony. Havens v. Henning, 418 N.W.2d 311 (S.D.1988). For that reason alone, I cannot support the majority’s rationale; it sends a bad signal to the trial courts of this state; it creates a false view of the ability to pay.
Furthermore, the trial court’s decision to turn over the $8,000.00 equity in the house or pay “rehabilitative” alimony is obviously not “rehabilitative” alimony. It smacks of property award. It is, simply, a twisting of concepts. It is a warping of our previous holdings on rehabilitative alimony. It violates the spirit of the purpose of rehabilitative alimony, to-wit: To enhance her economic marketability. Rehabilitative alimony is designed to enable a spouse to become self-sufficient. Baltzer v. Baltzer, 422 N.W.2d 584 (S.D.1988). She is self-sufficient now and refuses to work a 40 hour week. She does not attend any school. She was a legal secretary before the divorce, during the divorce, and intended to continue working as a legal secretary. There was no showing that her skills were outdated. She was out of high school for 10 years before marrying Dale Brooks; not once did she attend college or secure any post high school training after graduation and during the marriage. Only one finding of fact pertained to rehabilitative alimony (# 15); factors to be considered, in awarding rehabilitative alimony, were not considered at all. Example: Her foregone opportunity to enhance or improve her professional or vocational skills. The rehabilitative alimony award was used here to bludgeon the father into paying or lose his equity in the home. It was designed to overcome by judicial aggression.
I would reverse the trial court and remand for findings of fact and conclusions of law to carry out the decisional law of this state. The rehabilitative alimony award cannot be set aside unless there is an abuse of discretion. Tate v. Tate, 394 N.W.2d 309 (S.D.1986). Under the terms of the award, there was an abuse of discretion. Nelson v. Nelson, 454 N.W.2d 533, 534 (S.D.1990).
There should be a reversal on the child support award, also. The trial court deviated from the child support guidelines (above the guidelines) and totally failed to enter findings of fact and conclusions of law as to why. The reasons for the deviation were not articulated. Again, this case should be reversed and remanded to comport with our prior decisions. Bruning v. Jeffries, 422 N.W.2d 579, 580 (S.D.1988); Johnson v. Johnson, 451 N.W.2d 293 (S.D.1990). Here, the trial court chose not to apply SDCL 25-7-6.10(10)1 as exemplified by the fact that the plaintiff/mother saw fit to voluntarily work only 35 hours per week2; defendant/father worked voluntarily 60 hours per week. Here, the trial court considered only one factor in making its deviation; SDCL 25-7-6.10(10) was not applied; neither was SDCL 25-7-6.10(2) applied because father’s assiduous efforts in working 60 hours a week was not considered. Insufficient findings were entered on the deviation; we have held that specific findings must be made to justify deviation from the guidelines. Peterson v. Peterson, 449 N.W.2d 835 (S.D.1989); Sharp v. Sharp, 422 N.W.2d 443 (S.D.1988). The 20 findings of fact did not specifically address the 10 factors. The trial court addressed only one of these. Furthermore, neither litigant requested a deviation. Trial court acted sua sponte. If the Bar and Bench are to respect our decisions, we *832must demonstrate consistency in this Court.
Guidelines and deviations are not to be applied mechanistically. Our trial judges are not automatons to do a legislative bidding. This Court’s standard of review on child support is: Did the trial court abuse its discretion in setting such award? State of Kansas, ex rel. John W. Adams v. Donice Adams, 455 N.W.2d 227 (S.D.1990). The reasonable needs of the child and the obligor’s ability to pay has not been eliminated as valid considerations for the trial court’s judgment. The 1989 State Legislature, in extensively revising SDCL ch. 25-7, has now provided that deviation from the guidelines may be made for “any financial condition of either parent which would make application of the schedule inapplicable.” See, 1989 Sess.L. ch. 220 (HB 1081), now SDCL 25-7-6.10. SDCL 25-7-6.9 provides:
For a combined net income above the schedule in § 25-7-6.2, the child support obligation shall be established at an appropriate level, taking into account the actual needs and standard of living of the child, (emphasis supplied mine).
In my opinion, the trial court skewed the child support upwards — beyond the guidelines — and improperly considered his ability to pay same. Finding 4 in the supplemental finding reflects a gross misrepresentation as to the supposed fact that she would have only $366 a month to support herself and the children. Such an assumption is based upon no child support at all and no insurance coverage provided by Dale Brooks. Forcing him to work 60 hours a week to pay rehabilitative alimony and child support is not equity, it is slavery.
Discretion. Abuse of discretion. Equity. Think this over: Must the father work 9¾⅛ hours a day and 6 days per week to pay “rehabilitative” alimony and child support? She, in the meantime, voluntarily chooses to work 35 hours a week. Perhaps she is not in a soft sofa eating bon bons and watching “Santa Barbara” or “The Days of Our Lives” on television, but she still has the ability and need to “rehabilitate” herself by working a full week. Work is one of God’s greatest gifts to man. She should try it. It will help her character and pocketbook. It will help her fulfill her statutory duty. Under the trial court’s scenario, she will have $1,132.00 per month at her disposal (working 35 hours a week); “on the other hand,” as Randy Travis sings, he will have $817.00 at his disposal (working 60 hours a week).
Work on. Walk on. For alimony. Work until you’re weary. Work until you’re old. But work. Tired of livin’; feared of dyin’. But — old man alimony — he just keeps rolling along. Sing the song, brother. Sing the song.
Oh yes, one last little fact: Plaintiff/ap-pellee did not ask for rehabilitative alimony in her complaint! Tsk. Tsk. It was another judicial sua sponte.
. Each parent of a child is obliged to provide support for a child. SDCL 25-7-6.1. Fathers and mothers, in other words, must both support their children.
. "Any deviation [from the child support guidelines] must be based on the factors listed in SDCL 25-7-6.10.”