Marriage of Berry, In re, 82CA0447
| Decision Date | 27 January 1983 |
| Docket Number | No. 82CA0447,82CA0447 |
| Citation | 660 P.2d 512 |
| Parties | In re the MARRIAGE OF: Daniel P. BERRY, Appellant, and Debra V. Berry, Appellee. . I |
| Court | Colorado Court of Appeals |
Gehler & Cohen, Ronald Cohen, Commerce City, for appellant.
Steven L. Fisher, Aurora, for appellee.
In this dissolution of marriage action, Daniel P. Berry (husband) appeals from that portion of the permanent orders requiring him to pay $1,000 per month in child support for each of the two children born as issue of his marriage to Debra V. Berry (wife). We reverse and remand.
The court found that the children had no financial resources and that husband, a dentist, earned between $118,000 and $165,000 a year, that his assets totalled approximately $1,000,000, and that his expenses were minimal compared with his income. As part of a stipulated property agreement, wife received $427,000 in cash and the family home. The court ordered husband to pay $1,000 a month as child support for each of the two children.
Husband contends that there was insufficient evidence to support the amount of the support order. We agree.
The determination of the amount of child support is a matter within the trial court's discretion, and such determination will not be disturbed on appeal absent a clear abuse of discretion. In re Marriage of Davis, 35 Colo.App. 447, 534 P.2d 809 (1975). Here, there is such an abuse of discretion because there is insufficient evidence to support the court's findings.
In determining child support, the primary focus is on the needs of the child, and the court may order a parent to pay an amount "reasonable or necessary" for the child's support after considering the relevant factors which include life-style and economic class. See § 14-10-115, C.R.S.1973; Wright v. Wright, 182 Colo. 425, 514 P.2d 73 (1973). In this case, the only quantitative evidence of the children's needs was the wife's financial affidavit. The affidavit listed monthly expenses of $2,312 for her and the children, including a $300 per month church contribution, $160 a month in psychotherapy expenses for wife, and certain other expenses which were attributable solely to her. There was no breakdown in the affidavit identifying the needs or expenses of the children, nor was there any testimony concerning the amount of money required to fulfill the needs of the children.
The court based its order, in part, on its findings that the standard of living would have eventually increased and that...
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