State ex rel. Tegegne v. Andalo
Annotate this CaseMother brought an action against Father to establish Father’s child support obligation and to determine arrearages. A child support referee recommended that Father receive a credit for mortgage payments as well as for food, clothing, and school supplies Father had purchased for the children after the parties’ separation and when he was absent from the home. The circuit court adopted the recommendation in part and rejected it in part. Specifically, the court allowed a credit for clothing and school supplies but gave Father no credit for mortgage payments and food, concluding (1) Father was financially bound to make mortgage payments and received benefits from the mortgage payments; and (2) the referee clearly erred in finding that Mother’s testimony denying that Father provided food was not credible. The Supreme Court reversed and remanded to accept the referee’s recommendation, holding (1) there was no significance in the fact that Father had a contractual obligation to pay the mortgage, and Mother and the children also received the benefit of the payments; and (2) the referee did not clearly err in making his credibility finding, and the circuit court erred in concluding otherwise.
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