Child Support Enforcement Agency v. MSH

• Decision Date: 30 April 2013
• Docket Number: NO. CAAP-11-0001037,CAAP-11-0001037
• Parties: CHILD SUPPORT ENFORCEMENT AGENCY, STATE OF HAWAI'I, Plaintiff-Appellee, v. MSH, Defendant-Appellee, and GVG, Defendant-Appellant
• Court: Hawaii Court of Appeals

CHILD SUPPORT ENFORCEMENT AGENCY, STATE OF HAWAI'I, Plaintiff-Appellee,
v.
MSH, Defendant-Appellee, and GVG, Defendant-Appellant

NO. CAAP-11-0001037

INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I

Dated: April 30, 2013

NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT (FC-PATERNITY NO. 09-1-0707)
MEMORANDUM OPINION (By: Foley, Presiding J., Fujise and Reifurth, JJ.)

Defendant-Appellant GVG (Father) appeals from the "Order Granting Defendant [MSH's (Mother)] Motion For Relief After Order Or Decree Filed September 27, 2010" entered in the Family Court of the First Circuit¹ (family court) on November 10, 2011. The family court adjudicated the issue of child support arrearage due by Father to Mother from January 2005 to September 2009 and ordered Father to pay $47,650.00.

I. Points On Appeal

On appeal Father contends the family court erred when it (1) ordered Father to pay arrearage in the amount of

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$47,650.00 to Mother; and (2) clearly erred in Findings of Fact (FOFs) 33, 49-55 & 63-69.

Father challenges the following FOFs:

33. The Court found credible Mother's testimony that Mother and [Father] had sexual relations and conceived the subject minor child in Manila, Philippines.
. . . .
49. Father's gross income for purposes of calculating child support was based on the Child Support Guidelines for the period from 2005 through 2009 which is sum of income from all sources that were regular and consistent, including but not limited to employment salaries and wages, military base and special pay and allowances, such as basic allowance for housing (BAH), basic allowance for subsistence (BAS), hazardous duty pay, cost-of-living allowance (COLA), selective reenlistment bonus (SRB), retired/retainer pay, and reserve pay was higher than the amount reported as total income on each of his tax returns for that period.
50. Evidence was introduced at trial that for the year 2005, Father's monthly gross income was $6,579 or the sum of his gross monthly: 1) base pay ($39,302.70 divided by 12 = $3,275.23) plus 2) Second job ($20,000 divided by 12 = $1,666.67 plus 3) BAH at $1376 and 4) BAS at $260.82.
51. [Father] testified at trial that he had no reason to believe that [Mother's] evidence of his BAS and BAH was incorrect.
52. Evidence was introduced at trial that for the year 2006, Father's monthly gross income was $11,675.59 or the sum of his gross monthly 1) base pay & 2nd job ($120,184 divided by 12 = $10,015) plus 2) BAH at $1,388 and 3) BAS $272.26.
53. Evidence was introduced at trial that for the year 2007, Father's monthly gross income was $4884.63 or the sum of his gross monthly: 1) base pay ($37,845 divided by 12 = $3,153.75) plus 2) BAH at $1451 and 3) BAS at $279.88.
54. Evidence was introduced at trial that for the year 2008, Fathers monthly gross income is $5849.11 or the sum of his gross monthly 1) base pay ($39,224.19 divided by 12 = $3,268.68 [)] plus 2) BAH at $2286 and 3) BAS at $294.43.
55. Evidence was introduced at trial that for the year 2009, Fathers monthly gross income is $6866.87 or the sum of his gross monthly 1) base pay ($40,43 8 divided by 12 = $3,369[)] plus 2) BAH at $2,274 plus 3) BAS $323.87 and 4) COLA at 900.00.
. . . .
63. Based on the totality of the witnesses' testimony and credible evidence the Court finds that pursuant to the child support guidelines for the period from January 15, 2005 to December 31, 2005 or for eleven (11) months the amount of

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child support payable by Father to Mother per month is $770 for a total of $8,470.00 for eleven months. The calculations are based on Father's monthly gross income of $6,579.00, Mother's imputed gross income of $1256.00, less no costs for childcare expenses and health insurance, which was waived by Mother.
64. Based on the totality of the witnesses' testimony and credible evidence the Court finds that pursuant to the child support guidelines for the period from January 1, 2006 to December 31, 2006 or for twelve (12) months the amount of child support payable by Father to Mother per month is $1,290 for a total of $15,480. The calculations are based on Father's monthly gross income of $11,675.00, Mother's imputed gross income of $1,256.00, less no costs for childcare expenses and health insurance, which was waived by Mother.
65. Based on the totality of the witnesses['] testimony and credible evidence the Court finds that pursuant to the child support guidelines for the period from January 1, 2007 to December 31, 2007 or for twelve (12) months the amount of child support payable by Father to Mother is $600 for a total of $7,200. The calculations are based on Father's monthly gross income of $4,885.00, Mother's imputed gross income of $1256.00, less no costs for childcare expenses and health insurance, which was waived by Mother.
66. Based on the totality of the witnesses['] testimony and credible evidence the Court finds that pursuant to the child support guidelines for the period from January 1, 2008 to December 31, 2008 or for twelve (12) months the amount of child support payable by Father to Mother per month is $700 per month for a total of $8,400. The calculations are based on Father's monthly gross income of $5,849.00, Mother's imputed gross income of $1256.00, less no costs for childcare expenses and health insurance, which was waived by Mother.
67. Based on the totality of the witnesses['] testimony and credible evidence the Court finds that for the period from January 1, 2009 to November 1, 2009 or for ten (10) months the amount of child support payable by Father to Mother per month is $810.00 per month for a total of $8,100.00. The calculations are based on Father's monthly gross income of $6,867.00, Mother's imputed gross income of $1256.00, less no costs for childcare

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