In Re Marriage Of Nimmo

891 P.2d 1002 (1995)

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Nature of the Case

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Facts

A decree of dissolution of the H and W marriage was entered on May 4, 1989. The parties' separation agreement granted W primary physical custody and H sole legal custody of the parties' two children. The agreement provided that H would pay maintenance to W until June 1991. After June 1991, H would pay child support in accordance with section 14-10-115, 6B C.R.S. In October 1991, W filed a motion to increase child support payments. H then filed discovery seeking information regarding W’s present income for such items as jewelry, clothes, entertainment, travel, and restaurant meals provided to W] or to the children from W’s now current husband. W refused, and H filed a motion to compel. The trial court denied the motion on the grounds that the income and contributions of the current husband were immaterial to the determination of H's child support obligation. Granting the motion would also constitute an invasion of the current husband's privacy. H was ordered to pay $1,341 per month as child support plus $4,906 in back payments. H appealed. The court of appeals emphasized the common law rule that the income of third parties is not considered when determining income for child support purposes. H appealed.