State Ex Rel. Waites v. Isbell
State Ex Rel. Waites v. Isbell
Opinion
Brenda Waites and Charles R. Isbell were divorced in June 1995. The divorce judgment provided that the parties would have joint legal and physical custody of their minor child and that neither parent would pay child support. In April 1997, the mother filed a petition to modify the divorce judgment, requesting that she be awarded primary physical custody of the child and that the father be ordered to pay child support. The State of Alabama intervened on behalf of the mother to seek child support from the father. The trial court awarded the mother primary physical custody, but awarded her no child support. The State filed a post-judgment motion, which the trial court denied. The State appeals, arguing that the trial court erred by not awarding the mother child support.
Child support actions are subject to the mandatory application of the Rule 32, Ala. R. Jud. Admin., child support guidelines.Hepburn v. Hepburn,
The trial court failed to follow the guidelines or to make the requisite written finding. We reverse the trial court's judgment and remand the cause for the trial court to apply the guidelines or to make a written finding that application of the guidelines would be inequitable.
REVERSED AND REMANDED WITH INSTRUCTIONS.
ROBERTSON, P.J., and YATES, MONROE, and THOMPSON, JJ., concur.
Reference
- Full Case Name
- State of Alabama Ex Rel. Brenda Waites v. Charles R. Isbell.
- Cited By
- 13 cases
- Status
- Published