Huseth v. Huseth

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Michael Huseth (Mike) appealed a Chancery Court judgment which granted his wife Tavia Huseth an award of separate maintenance, full physical custody of their son, and attorney fees. Tavia requested attorney fees on appeal equal to half of the fees she was awarded at trial. The Supreme Court affirmed the chancellor’s judgment in part, reversed in part and remanded the case to the chancery court, and the Court denied Tavia’s request for attorney fees on appeal. The chancellor’s grant of separate maintenance and child support was supported by substantial evidence and was not manifestly wrong. The chancellor’s determination of the amount of imputed income was not supported by sufficient findings by the chancellor, and in the absence of her specific computation of the amount, was reversed and remanded for specific findings detailing how the chancellor arrived at that amount, and upon what she relied. Because the Court reversed and remanded for a new finding of imputed income, the Court also reversed and remanded the chancellor’s determination of child support, in which the chancellor shall consider all of the facts and circumstances regarding the parties’ ability to support the child, rather than relying on the statutory guidelines. Further, the chancellor’s award of separate maintenance did not take into account Mike’s necessary living expenses, and therefore was reversed. The amount of separate maintenance may be based upon imputed income, but the amount of that income that goes towards living expenses must be considered. View "Huseth v. Huseth" on Justia Law