Evelyn Marie Abercrombie v. Stephen Eugene Abercrombie

Stephen Eugene Abercrombie ("Father"), the custodian of the parties' two minor children, filed a complaint against his former wife, Evelyn Marie Abercrombie ("Mother"), seeking to modify the trial court's January 19, 2000, order awarding him custody. That order had directed that, if Father decided to enroll the children in private school, Mother would pay one-half of the children's tuition and other private school expenses. The same order, however, recited that Mother was not required to pay any general child support to Father. In his post-divorce complaint, Father asked the trial court to set a sum certain to be paid by Mother to Father as general child support under the Child Support Guidelines ("the Guidelines"). The trial court declined to modify its previous order and dismissed Father's complaint "on the ground[] that the guidelines currently do not show any . . . child support due." Father appeals, arguing that Mother should be required to pay a set amount of general child support in addition to her obligation to pay one-half of the children's private school tuition and related expenses. We reverse and remand with instructions.