Marriage of Waina and Keema
On a date not discernible from the record, the marriage between appellant Bernadette Waina (Bernadette) and David Keema (David) was dissolved.[1] They have one minor daughter. In October 2005, upon motion by respondent Monterey County Department of Child Support Services (Department), the court below issued a temporary order requiring that Bernadette pay $776.00 in monthly child support to David. The court continued the case for review of Bernadettes earned income. After further hearing, the court in March 2006 ordered that monthly child support be fixed at $729.00. Approximately three months laterafter a hearing attended only by Departments attorney in which no evidence was presentedthe court entered a permanent order that Bernadette pay monthly child support of $776.00.
Bernadette challenges that order. She contends that the record reflects that the trial judge intended to make permanent the March 2006 order that monthly child support be set at $729.00, but that the order erroneously stated the higher amount ($776.00) contained in the original temporary order. She asks that we correct the order because it was simply a clerical error. Bernadette argues further that the order reflects an abuse of the courts discretion because there was no evidentiary support for increasing monthly child support from the amount then in effect ($729.00) to $776.00.
Court conclude that the lower court abused its discretion by making a permanent order increasing child support to the higher level of $776.00. Accordingly, Court reverse.
Comments on Marriage of Waina and Keema