Roberts v. Roberts

LOVRIEN, Circuit Judge.

[¶ 1.] Bart Roberts (Bart) appeals a circuit court decision adopting a report by a child support referee recommending an increase in Bart’s child support obligation. In calculating the increase, the referee included “pass-through income” from a sub-chapter S corporation in Bart’s income and extrapolated his support to a level above the child support guidelines based upon the pass-through income. We reverse and remand.

FACTS AND PROCEDURAL HISTORY

[¶ 2.] Bart and Jill Roberts (Jill) were divorced in October 1995. The divorce decree incorporated a stipulation and agreement…