Hempel v. Hempel, 2011-CA-000763-MR
Published: Affirming in Part, Vacating in Part, and Remanding
Ex-Husband appealed FC’s order, contending that FC erred by imputing income to him for child support purposes, by arbitrarily reducing his parenting time, and by making an unequal division of the marital estate.
CA agreed with Ex-Husband that there was no substantial evidence to support FC’s finding that he had not regularly exercised the parenting time allotted to him before trial, and that evidence clearly showed that he saw children on an almost daily basis. CA held that FC clearly erred on this issue and remanded for further consideration of the issue.
CA agreed with Ex-Husband that as there was no evidence introduced to show the strength or nature of prevailing job opportunities or the expected earnings levels in the community, and as FC gave no explanation as to how it determined that Ex-Husband could be expected to earn at the same level as Ex-Wife, there were inadequate findings for CA to conduct meaningful review of the decision and the issue was remanded to FC for further findings.
Division of Marital Estate:
CA did not agree with Ex-Husband that FC erred by not giving him equal share of marital estate. CA found no evidence that FC considered any factors other than statutory criteria and that FC did not abuse its discretion in the division.
CA did not agree with Ex-Husband that FC erred by failing to permit him to oversee the Uniform Gifts to Minors Act accounts of the children. CA noted that under statutory provisions, Ex-Wife as monitor of the accounts must keep records available for inspection and that Ex-Husband was permitted to inspect the account.
Affirmed in Part, Vacated in Part, and Remanded.