Dowling v. Szymczak
Annotate this CaseThe family court magistrate ordered Defendant to pay $1440 in weekly child support based on Defendant's eighty-six percent proportionate share of the parties' combined net weekly income of $14,154. In determining the appropriate method for assessing child support, the magistrate noted that the guidelines schedule stops at $4000 of combined weekly net income. The magistrate then calculated Defendant's child support on the same percentage basis as that assigned to a combined net weekly income of $4000. Defendant appealed, claiming that the magistrate's order contravened the principle that as income level rises, the proportion of income dedicated to child related spending decreases. The trial court affirmed the magistrate's decision with one modification to the arrearage. The Supreme Court affirmed, holding that the trial court did not err in determining that the magistrate properly ordered Defendant to pay child support in an amount equivalent to his proportionate share of 11.83 percent of the parties' combined net weekly income, the same percentage under the schedule for a combined net weekly income of $4000.
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