Eldridge v. Ireland

Peter Eldridge and Melanie Ana Ireland are the parents of a male child born on October 27, 1999. In February of 2000, Eldridge sued to legitimate his son. Eldridge and Ireland agreed to joint legal custody and a bench trial was held on the issue of child support. The trial court found that Eldridge had an earning capacity of $45,000 per year, and awarded Ireland monthly child support of $750. The trial court later denied Eldridge’s motion for a new trial, found the motion lacked substantial justification and was interposed for the purposes of delay and harassment, and awarded Ireland attorney fees of $1,250. We granted Eldridge’s application for discretionary appeal. In Case No. A02A1724, Eldridge appeals the order of the trial court awarding child support. For the reasons set forth below, we find the order did not meet the statutory requirements for a decree awarding child support, and we vacate the order and remand the case with direction that the trial court issue an order consistent with those requirements. In Case No. A02A2207, Eldridge appeals the award of abusive-litigation attorney fees in connection with his motion for new trial. Because the trial court abused its discretion in awarding the fees, we reverse.

A02A1724