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Jackson v. Irvin

The trial court improperly applied a nonspecific deviation from the presumptive amount of child support when it took into account the father's obligations to another child based solely on evidence that the child existed.

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Nichelle M. Jackson, pursuant to our grant of her discretionary application, appeals the trial court’s order providing for the legitimation, custody, and support of her minor child by the father, Corvey Irvin. Jackson claims that the trial court erred i in deviating from the presumptive amount of child support to account for Irvin’s other child, ii in relying on facts not in evidence, iii in using the wrong standard in determining child support, iv in failing to require that Irvin maintain health insurance for the child, and v in awarding inadequate attorney fees. In light of the evidence, which showed little more than the existence of the other child, we agree with Jackson that the trial court erred in applying a nonspecific deviation from the presumptive amount of child support to account for Irvin’s support obligations to the subsequent child. We find no merit in Jackson’s other claims of error and so affirm the remainder of the judgment.

Jackson and Irvin are the parents of a four-year-old child. Irvin was attending college when the child was born, and he did not make any child support payments until he signed a contract to play NFL football in 2009. Jackson filed a petition for determination of paternity in October of 2009, and Irvin filed a counterclaim for legitimation of the child.

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