Marriage of Gilbert CA4/2
Opinion
Opinion
FACTS
A. 2004 THROUGH 2014
Husband and Wife share an adult child (Child) who was born in 2004. In August
2005 Husband petitioned for dissolution of his marriage to Wife. Wife filed her own
petition for dissolution of the marriage in October 2005. The two cases were
consolidated in November 2005; in the consolidated case, Husband was designated as
the petitioner and Wife as the respondent. In 2008, the family court filed the judgment
of dissolution in the case. In June 2011, the family court ordered Husband to pay
monthly child support of $685.
On July 7, 2014, the Department prepared a stipulation and order reducing the
amount of monthly child support to $338 (the 2014 order). On the 2014 order, on the
line reading “The parent ordered to pay support is the,” the Department marked the box
next to “respondent/defendant,” which was Wife. However, the printout detailing
Husband and Wife’s finances, reflects that the non-custodial parent is the one who must
pay $338 per month in child support; the non-custodial parent was Husband. The
printout was incorporated into the stipulation and order as part of the family court’s
findings.