State ex rel. Allen v. Allen

Father appeals from a modification judgment that increased his child support obligation. He argues that the court erred in departing from the presumptive support obligation. We reverse and remand.

The original dissolution judgment required father to pay $144.52 per month in child support. In 1997, mother moved to modify the amount of child support. After a hearing, the trial court found that the child spent approximately 65 percent of her time with mother and 35 percent with father. Based on that figure and the parties’ respective incomes, the court found that father’s presumptive child…