In this domestic relations action, Michael Sharpe appeals the trial court’s order granting the modification petition of Renay Perkins his former wife to increase his child support obligation and denying his counterclaim to obtain joint physical custody of their minor daughter. Sharpe contends that the trial court erred in 1 finding that the election signed by the couple’s minor daughter indicating where she desired to live was invalid; 2 characterizing his capital gains from property sales as gross income in its modification order; 3 failing to adequately consider his obligations to his new household in its modification order; and 4 finding that he owed unpaid private school expenses under the original divorce settlement agreement. For the reasons set forth below, we affirm. Sharpe and Perkins were married in 1980, had three daughters during the marriage, and were divorced in 1993. A settlement agreement, which was incorporated into the final judgment and decree of divorce, granted Sharpe and Perkins joint legal custody of the couple’s three daughters, who were all minors at the time. The settlement agreement granted Perkins sole physical custody of the daughters but provided Sharpe with fairly liberal visitation rights. The settlement agreement also established Sharpe’s child support obligations and further established Sharpe’s and Perkins’s respective obligations to pay for the children’s private school expenses.
By 2005, Sharpe had remarried. His new household consisted of his new wife, her two daughters from her previous marriage, and their own new daughter. In addition, Sharpe’s and Perkins’s youngest daughter, now 14-years-old their only daughter who was still a minor, was residing nearly equally with Sharpe and Perkins based on an informal arrangement. At this time, Sharpe primarily derived income from purchasing real estate, renovating homes, and then renting those homes to tenants. However, in 2004, Sharpe had $176,000 in capital gains based mostly upon the purchase and resale of unimproved properties. He further estimated that his income tax return for 2005 would also reflect capital gains earned from these types of real estate ventures.
