Dobson v. Dobson, 2012 UT App.
373, Utah Court of Appeals, December 28, 2012
Wife was awarded $800/
month alimony for 20 years as well as physical and legal custody of her two
children.
Wife argued that the
Court should not have considered child support as income in calculating
alimony. The Court of Appeals found that
is best practice to calculate child support and alimony separately. However, combining the calculations is not an abuse of discretion,
particularly when Wife included the children’s expenses in her monthly need on
her financial declaration.
Wife also argued that
the trial court failed to consider Husband’s increased ability to pay as his
child support obligation decreases. Wife
failed to demonstrate how Husband’s increased ability to pay affects her needs. Because as Wife’s child support will decrease
so should her obligations (i.e. no longer having to pay for the adult child).
There was no abuse in discretion in
the court’s consideration of Wife’s decrease in need. Further, income to wife was correctly imputed
because of Wife’s advanced decree and the testimony of the employability
expert.
The Court of Appeals Reversed and Remanded the alimony award
to give proper consideration to the standard of living during the
marriage. The trial court reduced wife’s
expenses without adequate explanation and is instructed to supply additional
findings as to why it eliminated some of Wife’s claimed expenses as listed on
her financial declaration. Also remanded to correct the mathematical
error in Father’s income.
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