James Curtis Pierce v. Hollie Marie Pierce (Marszalek)

In this post-divorce matter, the trial court determined that the father’s child support obligation should be increased due to the father’s significant increase in income subsequent to the parties’ divorce. In calculating the father’s new child support obligation amount, however, the trial court included the children’s private school expenses, which the father had previously agreed to bear, as a “work-related childcare” expense for the father on the respective child support worksheet, thereby reducing the father’s child support obligation. The mother has appealed. We vacate the trial court’s modifications to the parties’ permanent parenting plan and its calculation of child support, including its inclusion of private school tuition and health insurance premiums paid by a stepparent on the child support worksheet. We remand the child support issue to the trial court for recalculation of the father’s child support obligation consistent with this opinion. We also vacate the trial court’s partial award of attorney’s fees to the mother and remand that issue to the trial court for determination of a reasonable award of all attorney’s fees incurred by the mother concerning her petition to increase the father’s child support obligation. We affirm the trial court’s judgment in all other respects. In addition, we grant the mother’s request for attorney’s fees incurred on appeal.