Marriage of Riley
The trial court ordered appellant Jerry Riley (husband) to pay Kellie Thompson Adair (wife) $762 per month for guideline child support for their two children, $469 per month for their daycare costs, and $60 per month for their lunches, for a total sum of $1,291 per month. Husband did not appeal the order, but subsequently filed a motion for modification of the order, contending it was unjust and inappropriate because it left him with a negative balance after paying his rent and income tax obligation, that it was based on numerous errors in computation, and that the parties circumstances had changed because he was no longer earning overtime wages and wife no longer needed daycare. After hearing husbands motion on February 5, 2007, the trial court refigured child support based on husband having the children 28 percent of the time, resulting in a reduction of guideline support from $762 to $658 per month, but otherwise continued the existing order. The trial court ordered husband to pay $3,500 in attorney fees to wife. Husband appeals the trial courts order of February 5, 2007.
On appeal, husband claims (1) the trial court abused its discretion in ordering him to pay daycare costs, (2) the reduced order of child support still leaves him with so little disposable income as to be unjust and inappropriate, (3) the trial court erred by failing to deduct his disability insurance expense, his health insurance expense, and by failing to give him a full hardship credit for the child living exclusively with him, and (4) the trial court abused its discretion in ordering him to pay attorney fees when he brought the motion for modification in good faith. Court affirm the order.
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