Turner v. Turner

684 S.E.2d 596 (2009)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Raymond and Jessica (W) were married in 1999 and had two children. H filed for divorce in January 2008. The parties reached a partial settlement agreement which provided that H and W would share joint legal and physical custody of their two minor children, the custody arrangement being structured, so husband is to have physical custody of the children from Friday a.m. until Tuesday a.m., and wife is to have physical custody from Tuesday a.m. through Friday a.m., with exceptions for holidays and other special occasions. H also agreed to pay W $11,000 representing her interest in the marital residence. The court ordered H to pay $ 552.09 in monthly child support and apportioned the expenses for the children's extracurricular activities two-thirds to H and one-third to W. The trial court's order includes a finding that H earned gross monthly income of $5,483.56, approximately 65 percent of the parties' combined income. After determining a basic child support obligation of $1,582 for the parties' two minor children, the court calculated H's pro rata share of the basic child support obligation to be $986.75. The court applied a parenting time deviation of $ 434.66, reducing husband's monthly child support obligation to $552.09. H appealed. H contends the trial court erred by failing to explain how the court calculated the deviation and failing to include express findings that the deviation was in the best interests of the children and would not seriously impair his ability to provide for the children.