Smith v. Smith

OPINION

BURDOCK, Justice.

Gilbert Davis Smith appeals from an order assessing his former wife, Rita Suzanne Wade Smith, to pay child support payments in the amount of $25.00 per month. Mr. Smith alleges the court abused its discretion in ordering payments far below the former Mrs. Smith’s ability to pay.

We reverse and remand.

When Gilbert Smith and his wife, Rita Suzanne Smith were divorced in 1977, there were four children under the age of 18 years. Mrs. Smith was awarded managing conservatorship of the three oldest children and Mr. Smith was awarded managing con-servatorship of the parties’…