 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Groenstein v. Groenstein1/19/2005
. A guardian ad litem (GAL) was also appointed to represent the best interests of the child. After a hearing, the special master issued his report and recommendations to the court regarding temporary custody, visitation, and support. The special master noted that both parties demonstrated "a good deal of love and concern" for the child and that there was no evidence to suggest that either parent was unfit. The special master then found that it was in the best interests of the child to award Mother temporary primary physical custody and Father liberal visitation. This recommendation was due in part to the child's tender age.
[ ] When calculating temporary child support, the special master noted that it was difficult to do so because neither party had a real source of income. At that time Mother did not work, and Father's income derived from social security disability payments and income on his investments. The special master found that, because of market difficulties at the time, Father's income had almost ceased. He therefore decided to impute the statutory rate of interest on Father's investment portfolio. See Wyo. Stat. Ann. ยง 1-16-102. His recommendation stated:
In this case, [Father] has an investment portfolio valued (as of the date of the hearing) at $735,000.00. Imputing a statutory rate of interest on that sum would yield annual gross income of $73,500.00. Reducing that amount by a tax rate of 36% would yield a net annual income of $49,245.00 or a monthly net income of $4,103.00.
The special master also imputed net income of $500 to Mother. Following the special master's report, the court ordered temporary support and custody in conformity with the special master's recommendation.
[ ] A trial to the district court took place in September of 2003. Both parties presented evidence regarding their parenting skills and finances. Prior to trial, the parties received an evaluation from a custody evaluation expert, Dr. Steven Nelson. Dr. Nelson testified at trial that he recommended a shared custody arrangement with physical visitation of three days with one overnight visitation. The GAL recommended that Mother have primary custody. As ordered in the Divorce Decree, the district court found that shared custody was not appropriate, and found that Mother should have primary care, custody, and control of the child subject to Father's liberal visitation. The parties had previously stipulated to Father having visitation on three days. The district court found that this three-day visitation was working well and should not be changed and also ordered overnight visitation at Father's house every other weekend.
[ ] The district court additionally found that Mother was working 20 hours a week at three part-time jobs but determined that Mother was capable of working 40 hours a week and thus found Mother voluntarily underemployed and imputed Mother's net income at $1,400 per month. The district court also found that Father was voluntarily unemployed and used the special master's calculation of imputed income to impute income to Father. The district court reasoned,
[Father's] income is derived from his investment portfolio, a $1,290.00 monthly Social Security Disability Insurance benefit and a $674.00 monthly social security benefit for the [child]. [Father] has not filed a Financial Affidavit and the testimony at trial is unclear as to [Father's] income. Therefore, the Court is relying upon [the special master's] finding of imputed net income of $4,103.00.
Father appeals.
STANDARD OF REVIEW
[ ] This court recently reiterated the appropriate standard of review for cases involving these issues.
Page 1 2 3 4 5 6 7 8 9 10 Wyoming Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|