Smith v. Stewart

684 A.2d 265 (1996)

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Nature of the Case

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Facts

H and W were married in 1971 and divorced in 1991. They have two sons whose physical custody was awarded to W but who are frequently with H when not in school. This case involves calculation of support for the children for 1993 and 1994 in accordance with the 1991 divorce order. H's support was to be calculated each year because his income fluctuated. The 1991 order also required that defendant pay $1,600 per month through December 31, 1996, and $ 1,150 per month thereafter through December 31, 2008, when the maintenance obligation ceases. H was an attorney. Income in 1991 was approximately $ 146,000. In 1992, it rose to $ 299,951. In 1993, it fell to $ 180,523. In February 1994, defendant left his law firm and started his own practice. He estimated that he would earn approximately $ 75,000 in 1994 from this practice. W's income in 1992 was $ 36,952, including the maintenance payments; in 1993, it dropped to $ 29,480. In 1992, H paid child support in the amount of $ 337 per week, based on his 1991 income. H filed his 1992 income tax return in April 1993 but did not give W a copy until July 1993. He continued the preexisting child support amount until July 16, when he raised it to $ 434 per week. During 1993, H paid $ 19,949 in child support. In 1994, H lowered his child support payment when he left his firm to start his own practice. Since January he has been paying $ 128 per week. He provided his 1993 income tax returns in May 1994. H moved that the maintenance award be reduced because his income had declined with the start of his new practice. The court denied the motion to modify the maintenance award. It set the on-going child support amount for 1994 at $ 434 per week and awarded W $ 8,745.58 in attorney's fees. This appeal resulted.