In Re Marriage of Butler & Gill

The trial court in this dissolution proceeding permitted respondent to take a $700 a month hardship deduction for support of his elderly mother. On appeal, appellant contends the trial court abused its discretion in doing so. We agree. There is no evidence in the record that payment of both the otherwise mandated level of child support and $700 in support for respondent’s mother would create any extraordinary or unusual hardship. Accordingly, we reverse the trial court’s order with instructions.

I

Factual and Procedural Background

Appellant Martha J. Gill and respondent Michael E. Butler were married in 1982 and separated in 1983. The parties have three children: Meghan, bom in May 1978; Brendan, bom in August 1982; and Shannon, bom in September 1983. Following dissolution of the marriage the children lived with their mother in Colorado. However in 1992 Meghan moved to Butler’s home in San Diego.

Initially, Butler was ordered to pay a total of $480 a month in child support; later that amount was raised to $528 a month and eventually Butler voluntarily increased his support to $725 a month. Even after Meghan moved into his home, Butler continued paying Gill $725 in…