specially concurring.
I do not believe the child support guidelines anticipated or contemplated the present case. Consequently, there is no exception made in the guidelines to the presumption of their correctness for a woman’s pregnancy, and more significantly, for that woman’s decision to care for the children of her remarriage in her home when that is the economically logical decision to make as between her and her spouse. If, as we hold, the mother-obligor cannot evade child support by staying home during her pregnancy, following her pregnancy during maternity leave or permanently in order to care for the children of her remarriage, then, should there be consideration given for the child care expenses that she must purchase, assuming her spouse is also employed outside the home? Compare NDAC 75-02-04.1-09(2)(f) which does allow the court to consider child care expenses of the obligee. I am sure there is a raft of other considerations that ought to be addressed but I leave them to the Department of Human Services.
I am confident that the Department of Human Services will also want to consider the competing policy implications at stake. See Spilovoy v. Spilovoy, 488 N.W.2d 873, 878 (N.D.1992) (Levine, J., concurring); Clutter v. McIntosh, 484 N.W.2d 846 (N.D.1992) (Levine, J., concurring). Until then, I agree with the majority’s analysis and join the decision.