German v. German

Davidson, J., delivered the opinion of the Court. On 21 March 1975, Robert N. German, appellee (husband), and Kathleen A. German, appellant (wife), entered into a ¹²¹ voluntary separation and property settlement agreement. The agreement stipulated, among other things, that: 1) before divorce the husband would pay $270 per month “for the maintenance and support of the [two] minor children;” and 2) after divorce he would pay “$200 per month or $100 per child.” On 5 February 1976, in the Circuit Court for Montgomery County, the husband filed a bill of complaint seeking an absolute divorce on the ground of a voluntary separation, and asking that the separation agreement be incorporated and merged into the divorce decree. On 6 April 1976, the wife filed an answer averring that the support payments provided in the separation agreement were inadequate and seeking additional child support.

On 22 July 1976, the chancellor held a hearing on the issue of child support. He determined that the children required $500 a month for their support and that the parties had an equal obligation to provide that support. On 10 August 1976, he entered a decree which, among other things, granted the husband an absolute divorce and ordered him to pay child support of $125 per child per month. This appeal is from that order.

Here, the wife contends that the court erred in finding that $500 was sufficient to support the children. Additionally, she maintains it erred in ordering the support payments to be equally apportioned between the husband and the wife. Because we are here reviewing both the chancellor’s determination on a question of law and his ultimate conclusion in making an award for child support, his decision should be disturbed only if he has erred or he clearly abused his discretion. 1 In making awards for child support, there are no mechanical rules, rigid formulae or statutory mandates to be followed. The amount to be awarded is governed by the circumstances of the case. 2 The ¹²² factors which the chancellor should consider include the financial circumstances of the parties, their age and physical condition, their ability to work, the family’s station in life, and the expense of educating the children. 3 The supporting parents’ financial ability and the needs of the children are the controlling factors. 4 I Amount of Child Support The chancellor properly considered all of the relevant factors in determining the amount of child support.

There was evidence to show that while the husband’s net monthly income was $885.36, his monthly expenses were $806.21, while the wife's net monthly income was $633.65, and she had monthly expenses of $512.15. The wife estimated that $940.56 a month was required to support the two children in the manner to which they were accustomed. The chancellor, recognizing that the husband “doesn’t