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Green v. Krebs

Trial court should not have included the father's child support payments in the mother's gross income for purposes of calculating her child support obligation since his payments would cease upon his taking custody of the children.

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Sherry Green, mother of a 13-year-old boy and an 11-year-old girl, appeals an order modifying a previous custody order and granting primary physical custody to James Krebs, the children’s father. Green asserts numerous errors, including her contention that there is no evidence of a change of conditions affecting the children’s welfare sufficient to warrant a change in custody. We find sufficient evidence to uphold the trial court’s order changing custody, but find that the trial court’s calculation of child support to be paid by Green is erroneous. We therefore affirm in part and remand the case to the trial court to modify its order consistent with our ruling.

1. In several enumerations of error, Green argues that the evidence does not support the trial court’s change of custody. We do not agree.

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