Beck v. Beck

Facts

Richard (H) and W were married on May 29, 1992. Two children were born. H and W were granted a judgment of absolute divorce on April 18, 2001. W was awarded legal custody and primary physical custody of the two children, and the circuit court ordered H to pay child support of $608.45 per month. W has a 13-year-old minor from a previous relationship living in her household, and H has a 16-year-old minor from a previous relationship living in his household. H has a fourth child, born after the divorce, for whom he is paying $300 per month in child support. H, acting pro se, filed a 'Petition/Motion to Modify Child Support.' W filed her own motion to increase the H's child support obligation. The master recommended that the father's child support obligation remain unchanged because: (1) each party had a child from another relationship living with that party; and (2) the H was paying child support for his post-marriage child. W excepted to the master's findings. She argued that the child support obligation for the post-marriage child was not relevant, and requested that H's child support obligation be increased and set at the guideline amount. The circuit court found that H's child support obligation for his post-marriage child was not relevant because the child support guidelines allow a deduction only for pre-existing child support obligations. After finding that the guideline amount was $816.17 per month, the court departed downward from the guideline amount and ordered H to pay child support in the amount of $700 per month. It was 'because of the presence in H's house of an older half-sibling whom he supports, and it is in the best interests of that H be able to adequately support the older half-sibling. W appealed. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

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