P.O. v. J.S.Annotate this Case
Child was born to Mother and Father. Mother filed a petition for paternity. Father and Mother entered into a stipulated agreement regarding custody, visitation, and child support. In 2011, Mother and Father reduced Father’s monthly child support obligation. In 2013, Father filed a motion for relief requesting that the family court recalculate his child support obligation based on the parties’ current incomes. The trial court entered an order determining Father’s child support to be the same amount agreed to by the parties in the 2011 agreement and determining that Father owed Mother $64,490 in past due child support. The intermediate court of appeals affirmed the child support ruling. Father appealed, arguing, inter alia, that the family court erred in determining his monthly payment without utilizing the Hawaii Child Support Guidelines. The Supreme Court vacated in part the lower courts, holding (1) a responsible or custodial parent for whom support has previously been ordered is entitled to a review of a child support order not more than once every three years without having to show a change in circumstances; and (2) the family court is required to use the Hawaii Child Support Guidelines when it reviews the merits of a request for adjustment of a monthly support obligation.