Williams-Vazquez v. Williams-Vazquez
A court can deny a request for a downward departure on child support, based on shared custody, if the payor's visitation is not significantly different than normal, and the payee has responsibility for the minor children on weekends. The parties married on Valentine's Day in 2008 and have two minor children. The wife alleged that she arrived at the marital residence one evening after work and discovered the husband's female co-worker alone with the husband. Allegedly, the co-worker fled as soon as the wife arrived, and the husband vacated the marital residence soon afterward. The husband denied that he was intimate with his female co-worker before he vacated the marital residence. The court did not credit the husband's testimony, and it found the husband at greater fault for the breakdown of the marital relationship. The husband earns $739 gross per week as a salesperson for a cellular service. The wife, 30, earns $720 gross per week as a medical assistant. The court awarded joint custody, with primary residence with the wife. The court denied the husband's request for a downward departure with respect to child support, based on shared custody. Although the husband has greater than normal visitation, the husband's visitation is not significantly in excess of normal, and the wife has responsibility for the minor children every weekend. The court ordered the husband to pay child support of $160 per week, which is the presumptive amount under the child support guidelines. The court ordered the husband to pay 34 percent of unreimbursed medical and daycare expenses. The court ordered the husband to maintain life insurance in the amount of $150,000, for the benefit of the minor children, if life insurance is available at reasonable cost, i.e., no more than $900 per year. Alternatively, the court ordered the husband to maintain as much life insurance as possible, up to $150,000, at a cost of up to $900 per year. The court kept jurisdiction for the purposes of post-majority education expenses. The court did not award alimony. The court awarded the wife the marital residence and ordered the wife to make a good-faith effort to sell or to refinance, to remove the husband's name from the mortgage, within one year. The court awarded each party bank accounts and investments. The husband willfully failed to comply with a subpoena, and the court ordered the husband to pay $500 within 30 days.