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Wallace v. Wallace

The trial court erred in failing to enter the required written findings to support its deviation from the presumptive amount of child support.

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Pursuant to Rule 34 4 of this Court, Teresa Wallace “Mother” was granted a discretionary appeal from the superior court’s final judgment and decree of divorce. For the reasons that follow, we affirm in part, reverse in part, and remand the case with direction.

Mother and Christopher Wallace “Father”, who is an active duty serviceman in the United States Navy, were married in 2002, and have three minor children. On December 21, 2012, Mother filed a complaint for divorce. The parties agreed that they would have joint legal custody of the children, and that Mother would have primary physical custody; agreement was not reached on certain other matters, including child support. At the beginning of the final hearing, both parties agreed to waive findings of fact and conclusions of law. The court announced that it intended to set Father’s child support amount at $1,300.00 per month, and to award him a deviation from that amount for travel expenses of $400.00 per month to see the children once a month, resulting in a total monthly support obligation on Father’s part of $900.00 for the couple’s three children. After the court’s pronouncement, Mother orally requested that the court make findings of fact and conclusions of law “only as it pertains to child support.” The court said it would do so if Mother furnished a transcript of the hearing. Approximately two months later, the court issued its final decree and judgment of divorce, stating a presumptive amount of child support of $1,300.00, and “awarding Father a deviation for travel in the amount of $400.00 to see his children once a month.” Mother did not provide a transcript to the trial court before the court issued its final decree and judgment of divorce.

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