Wallace v. WallaceAnnotate this Case
Teresa Wallace ("Mother") was granted a discretionary appeal of the superior court's final judgment and decree of divorce. Mother and Christopher Wallace ("Father," an active duty serviceman in the United States Navy) were married in 2002, and had three minor children. In late, 2012, Mother filed a complaint for divorce. The parties agreed that they would have joint legal custody of the children, and that Mother would have primary physical custody; agreement was not reached on certain other matters, including child support. At the beginning of the final hearing, both parties agreed to waive findings of fact and conclusions of law. The court announced that it intended to set Father's child support amount at $1,300.00 per month, and to award him a deviation from that amount for travel expenses of $400.00 per month to see the children once a month, resulting in a total monthly support obligation on Father's part of $900.00 for the couple's three children. After the court's pronouncement, Mother orally requested that the court make findings of fact and conclusions of law "only as it pertained to child support." The court said it would do so if Mother furnished a transcript of the hearing. Approximately two months later, the court issued its final decree and judgment of divorce. Mother had not provided a transcript to the trial court before the court issued its final decree and judgment of divorce. Mother argued on appeal that the trial court's erred by failing to enter required written findings to support its travel deviation from the presumptive amount of child support. Mother also argued the trial court failed to properly calculate the gross income attributable to Father. Upon review, the Supreme Court found that Mother was able to show the trial court erred in its calculation with regard to child support, but because Mother did not contest the calculation of the income attributable to Father, she did not show error on the income issue. As such, the Supreme Court reversed in part, affirmed in part, and remanded for further proceedings.