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Walls v. Walls

The trial court erred in deviating from the presumptive amount of child support without the statutorily-required written findings.

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This application for discretionary appeal of the parties’ final judgment and decree of divorce was granted under Supreme Court Rule 34 4. As explained below, we affirm most of the trial court’s judgment. However, the divorce decree includes a deviation from the statutory child support guidelines without the written findings that are statutorily required to support the deviation. We therefore must reverse that part of the judgment and remand the case for a redetermination of child support.

1. Pamela Walls Wife and Todd Walls Husband were married in 1997 and have two children. On May 14, 2009, Husband filed a complaint for divorce, alleging that the marriage was irretrievably broken and that the parties should have joint legal and physical custody of the children. Wife answered, seeking primary physical and legal custody of the children, with Husband having liberal visitation. She also sought child support. Husband later amended his complaint, adding as a ground for divorce that Wife had engaged in adulterous conduct.

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