Harvey v. Robinson

665 A.2d 215 (1995)

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Nature of the Case

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Facts

In a 1988 divorce judgment, H was to pay W child support of $345 bi-weekly. In 1991, H made $26,000 as a civilian employee of the National Guard and another $3,500 for weekend Guard service. He had a total income of approximately $35,500 because of additional work with an ambulance service. H retired from the Guard voluntarily to pursue his long-deferred dream of going to college and medical school. He is currently a full-time undergraduate student. H now has a gross income of approximately $13,840. This amount reflects the income from part-time work he is able to do while in school and some educational grant money. H stopped making child support payments. In July 1992, he moved to reduce his support obligation. In November 1992 he cashed in his retirement pension to obtain funds to pay a child support arrearage of $3,400. In December, he again stopped making child support payments. At that time, W was employed full-time as a medical secretary earning $21,000 annually. Seven years remained before H would complete medical school, at approximately the same time his younger daughter would no longer be a minor. The court found that H's decision to leave his full-time employment was made in good faith, and, therefore, using $13,840 as Harvey's gross income and $21,000 as W's gross income, established a support payment for Harvey of $60 per week. It ordered H to pay $ 80 per week, increasing to $86 per week in December 1993 when his younger daughter reached twelve years of age. W unsuccessfully argued that based on H's earning capacity, his gross income should be $36,000 and his weekly child support payment pursuant to the worksheet should be $213, increasing to $236 in December 1993. The Superior Court affirmed the order. W appealed.