In Re Marriage of Everett

Judith Everett Shatto (Shatto) appeals from an order modifying child support and determining child support arrearages. She alleges five points of error, several of which respondent Joel Don Everett (Everett) concedes. We partially reverse and remand with directions.

I. Background

At separation in February 1983, the Everetts had seven children ranging in age from less than one year to fourteen. In October and November of that year, the court issued temporary restraining orders commanding that Everett refrain from drinking any alcoholic beverage when having custody of his children. By interlocutory judgment of dissolution filed March 22, 1984, the court awarded physical custody of the children to Shatto and ordered Everett to pay child support in the amount of $85.71 per month per child ($599.97 total).

Since separation and almost continually thereafter, Shatto has received aid to families with dependent children (AFDC). Everett had worked for a number of years at Safeway as bakery manager, then salesperson, but lost his job shortly before separation due in part to drinking problems. He then began working at Little Darlings Fine Pastry (Little Darlings) and married the…