Opinion
No. 218-81
Opinion Filed February 2, 1982
1. Divorce — Custody and Support of Children — Discretion of Court
Trial courts have wide discretion in determining child support payments. 15 V.S.A. § 292.
2. Divorce — Custody and Support of Children — Discretion of Court
The supreme court will not interfere with the determination of a trial court relating to child support payments if a reasonable basis supports the court's actions.
3. Divorce — Custody and Support of Children — Discretion of Court
Abuse of discretion in the determination of child support payments will be found only if the trial court fails to exercise its discretion or exercises it for clearly untenable reasons or to an untenable extent.
4. Divorce — Custody and Support of Children — Discretion of Court
Trial courts have wide discretion in determining child support payments but this discretion is not unlimited, and if it appears that it has been improperly exercised or its bounds exceeded, corrective action is appropriate.
5. Appeal and Error — Findings — Conflicting Evidence
The supreme court will not set aside the trial court's findings where the evidence is in conflict even if the evidence predominates against them, but will do so only where the contrary proof so predominates the evidence that there is no reasonable basis upon which findings can stand.
6. Divorce — Custody and Support of Children — Discretion of Court
Where review of the record revealed ample evidentiary support for trial court's order requiring husband to pay $100.00 per week child support, based upon findings that even though his income was only $175.00 per week, his expenses were minimal, there was no abuse of discretion by the trial court in determining child support payments.
Appeal by defendant from judgment and decree of divorce relating to alimony, child support, medical, dental, and life insurance costs. Chittenden Superior Court, Morrissey, J., presiding. Affirmed.
Gareth H. Caldbeck, Winooski, for Plaintiff.
David H. Greenberg, Law Offices of Samuel S. Bloomberg, Burlington, for Defendant.
Present: Barney, C.J., Billings, Underwood and Peck, JJ., and Shangraw, C.J. (Ret.), Specially Assigned
The defendant-husband appeals from a judgment and decree of divorce attacking the provisions thereof relating to alimony, child support, medical, dental, and life insurance costs. He claims that the trial court abused its discretion in finding that the defendant had the financial ability to comply with the order as made.
The trial court, after a hearing, made findings of fact stating that "within the financial ability of the defendant" he should pay $25.00 per week alimony until the plaintiff remarries or becomes employed fulltime, $100.00 per week child support, and medical, dental and life insurance costs. On appeal the parties concede that the alimony payment is now moot due to the plaintiff's remarriage, and the defendant no longer objects to paying the medical, dental, and life insurance costs. Therefore, the issue here is whether, based on the evidence, the child support order exceeded the trial court's judicial discretion.
Trial courts have wide discretion in determining child support payments. 15 V.S.A. § 292; Field v. Field, 139 Vt. 242, 244, 427 A.2d 350, 352 (1981); Hogel v. Hogel, 136 Vt. 195, 197, 388 A.2d 369, 370 (1978). This Court will not interfere if a reasonable basis supports the court's actions. Field v. Field, supra; Brooks v. Brooks, 131 Vt. 86, 93, 300 A.2d 531, 535 (1973). Abuse of discretion will be found only if the trial court fails to exercise its discretion, exercises it for clearly untenable reasons or to an untenable extent. Field v. Field, supra. This discretion, however, is not unlimited, and if it appears that it has been improperly exercised or its bounds exceeded, corrective action is appropriate. Graham v. Graham, 137 Vt. 542, 543, 409 A.2d 571, 572 (1979); Cleary v. Cleary, 134 Vt. 181, 182, 353 A.2d 334, 335 (1976). Here the defendant is challenging the sufficiency of the evidence to support the finding that the defendant had the financial ability to comply with the order. This Court will not set the trial court's findings aside where the evidence is in conflict even if the evidence predominates against them. Mandigo v. Mandigo, 128 Vt. 446, 450, 266 A.2d 434, 436 (1970). We will do so only where the contrary proof so predominates the evidence that there is no reasonable basis upon which the findings can stand. Id.
Upon a review of the record here there is ample testimonial support for the findings and order. The trial court found that although the defendant's income was $175.00 per week, his expenses were minimal: he lives with his parents and is provided with the free use of an automobile by his employer. We cannot say on the evidence produced at trial that the trial court abused its discretion when it ordered him to pay $100.00 per week child support. Palmer v. Palmer, 138 Vt. 412, 417, 416 A.2d 143, 146 (1980). If and when the defendant's financial circumstances actually change, a reduction can always be sought. Id. Affirmed.