MacK v. MacK

749 P.2d 478
CourtHawaii Intermediate Court of Appeals
DecidedJanuary 29, 1988
Docket12085
StatusPublished
Cited by13 cases

This text of 749 P.2d 478 (MacK v. MacK) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MacK v. MacK, 749 P.2d 478 (hawapp 1988).

Opinion

749 P.2d 478 (1988)

Carole Ann MACK, Plaintiff-Appellant,
v.
Robert Whitcomb MACK, nka Robert Sumner-Mack, Defendant-Appellee.

No. 12085.

Intermediate Court of Appeals of Hawaii.

January 29, 1988.

Timothy Luria (Painter & Luria, of counsel), on the briefs, Honolulu, for plaintiff-appellant.

Diana L. Van De Car (Case & Lynch, of counsel), on the brief, Hilo, for defendant-appellee.

Before BURNS, C.J., and HEEN and TANAKA, JJ.

BURNS, Chief Judge.

Plaintiff Carole Ann Mack (Mother) appeals the family court's March 9, 1987 order which amended its May 13, 1982 consent decree of divorce by reducing defendant Robert Sumner-Mack's (Father's) obligation to contribute to the support, education, and maintenance of the parties' two adult children who are attending the University of Pennsylvania (UP) from $400.00 per child per month plus one-half of their educational expenses plus medical insurance and all of their uninsured medical and dental expenses to $150.00 per child per month plus medical insurance and all of their uninsured medical expenses.

We vacate the family court's March 9, 1987 order and remand for further proceedings consistent with both this opinion and the applicable Guidelines in Determining Child Support (Guidelines),[1] promulgated by the Board of Family Court Judges pursuant to Hawaii Revised Statutes (HRS) § 576D-7 (Supp. 1986). In our view, this *479 case demonstrates the wisdom of HRS § 576D-7 and the Guidelines.

Father and Mother were married on July 28, 1962. They have two children, Danielle, born on December 6, 1965; and Laura, born on June 6, 1967. Pursuant to an agreement between the parties, a consent decree of divorce was entered on May 13, 1982. At the time of the divorce, Mother was unemployed, but receiving interest of $250.00 per month, and Father's gross income was $3,310.56 per month. The decree required Father to pay Mother alimony of $1,200.00 per month for four years, child support of $150.00 per child per month for four years, and thereafter to pay child support of $400.00 per child per month "continuing as to each child until said child reaches age 18 and so long thereafter, including summer months, as said child is pursuing a high school diploma or is enrolled as a full-time student in an accredited educational or vocational training institution and under age 23, or until the further order of the Court". In relevant part, the decree further states as follows:

5. Higher Education Expenses. Post high school educational expenses for the children of the parties shall be borne equally by the parties.
* * * * * *
10[.] Medical/Dental. So long as he has child support obligations, Husband shall provide medical insurance for the benefit of the children of the parties, and he shall be responsible for all uninsured medical and all dental expenses for said children.

On February 3, 1984 Father filed a motion seeking modification of the May 13, 1982 divorce decree alleging and praying in relevant part as follows:

Change in the circumstances of the parties require that existing orders regarding support payments be modified as follows:
1. That alimony payments be reduced to $575 per month; and
* * * * * *
4. That [Father] shall be responsible for educational expenses of minor children. Said responsibility to be limited to [Father's] signature on educational loan for not more than $7,500 per year total for both children, and [Mother] shall be responsible for any expenses over this amount.

At that time, Father's gross income was $3,707.00 per month and Mother's was $1,419.96 per month. Danielle was 18 and Laura was 16 years of age.

In April 1984 Father married Nan Sumner-Mack (Wife)[2] who has custody of a son from a prior marriage (Stepson). At the time of trial in October 1986, Stepson was seven years of age. Wife was not receiving any child support from Stepson's father, and the record does not reveal the reason.[3]

On September 12, 1984 the family court entered a stipulated order which reduced Father's obligation to pay alimony to $750.00 per month for a period of two years and four months commencing February 1, 1984. The child support, medical, dental, and educational expense provisions were not changed.

On June 3, 1986 Father filed a motion seeking modification of the May 13, 1982 divorce decree alleging and praying in relevant part as follows:

1. Change in the circumstances of the parties require that existing orders regarding support payments be modified as follows:
a. That I be required to pay only $150 per month, per child for child support and education, to be paid directly to each child, said support to continue so long as each child is enrolled on a full-time basis in an accredited college or university and *480 until each child graduates or attains age 22, whichever occurs first. Further, that I not be required to pay any additional sums over and above the $150 per month for college expenses.

At that time, Father's gross income was $4,083.00 per month, Mother's was $1,705.00 per month, and Wife was unemployed. Danielle was 20 and Laura was 18 years of age.

On October 17, 1986 Mother filed a motion seeking arrearages, security, sequestration, and wage assignment.

On March 9, 1987 the family court entered in relevant part the following findings of fact:

B. CURRENT DISPUTES
6. The parties are the parents of Laura Mack and Danielle Mack. Both Laura and Danielle have attained the age of majority, and are attending the University of Pennsylvania. Both girls board full time at the University of Pennsylvania during the academic school year, although Mrs. Mack's residence is near enough to the University to allow them to reside at home to reduce their expenses. Carole Ann Mack is currently employed at the University of Pennsylvania at a monthly salary of $1,575.00. Carole Ann Mack also attends the University of Pennsylvania as a doctoral student working towards her Ph.D. in Science Education.
7. The total expenses, including tuition and room and board, estimated by the University of Pennsylvania for the 1986 to 1987 school year for Laura Mack and Danielle Mack are $17,550.00, and $17,750.00, respectively. Both girls have had private telephones and leased refrigerators installed in their dormitory rooms, an unnecessary expense which is not included in their total expenses estimated by the University. To meet her educational expenses, Laura Mack is eligible for $14,150.00 of financial aid. Similarly, Danielle Mack is eligible for $14,150.00 in financial aid benefits.
8. Both girls were employed during the summer prior to the 1986-87 school year. The University of Pennsylvania financial aid program takes into consideration the student's summer savings and other assets in determining the amount of financial aid to be awarded, as the University expects that the students will contribute to their own academic expenses. The student assets listed on the University of Pennsylvania financial aid notice for Laura K. Mack amount to $1,500.00.

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Bluebook (online)
749 P.2d 478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mack-v-mack-hawapp-1988.