Tuckman v. Tuckman
Annotate this CaseHusband brought this dissolution action in which he sought a dissolution of his marriage to Wife. Following a trial, the judge dissolved the parties' marriage, adopting the parties' agreed parenting plan and setting forth its financial orders. Wife appealed, claiming, inter alia, that the trial court abused its discretion by improperly awarding her an insufficient amount of child support. The appellate court reversed the judgment as to the financial orders and ordered a new trial, finding that the trial court erred by failing to articulate its reasons for deviating from the child support guidelines. The Supreme Court affirmed, holding (1) the appellate court properly determined that the trial court abused its discretion when it awarded child support without mentioning or applying the guidelines or making a specific finding on the record as to why it was deviating from the guidelines; and (2) because the trial court did not make any findings as to the particular facts or circumstances of the S corporation of which Wife was a shareholder, remand was appropriate for a determination of what portion of Wife's income was available income for purposes of fashioning alimony and child support orders.
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