SMITH V. SMITH 67 P.3d 351 (2002) CASE BRIEF

SMITH V. SMITH

67 P.3d 351 (2002)

NATURE OF THE CASE: H appeals from the trial court's order modifying H's child support obligation.

FACTS: H and W were married and had one child. W filed a motion to modify child support payments. W claimed the parties' incomes had changed substantially and that a modification of support was warranted by the increased income. W claimed that the needs of the child had changed, in that the child was enrolled in private school, and that such expense should be included in the child support calculation. H admitted the increased income but argued that he had paid for the child's private school tuition and that such amount should be credited toward his child support obligation in 'whatever (amount) the Court may determine to be appropriate under the circumstances.' H also asked that any modification of child support include a credit to him for transportation costs, as well as a pro-rated waiver of child support paid by him during the child's summer visitation with H. The trial court noted that the parties had stipulated that a substantial and material change of circumstances had occurred since the entry of the decree, which justified a modification of child support. The court also noted that the parties' combined incomes exceeded $15,000 per month. The court ordered H to pay $4,300 per month (up from $460 per month) as well as attorney fees and costs to W. H appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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