Malone v. Malone

I respectfully concur in part and dissent in part.

In regard to Issue II, I believe the majority's approach in raising the issue of the propriety of the trial court's award of credit against Donald's child support arrearage sua sponte is correct. Furthermore, I agree with its determination that, pursuant to DeMichieli, Kaplon, and Baker, the trial court erred by allowing Donald a two-thirds (66% %) credit against the child support arrear-age. Clearly, the credit for Donald's having paid a substantial portion of the couple's tax liability was not a conforming child support payment.

However,…