Caroline Long Kilpatrick v. Connor Lewis Kilpatrick

In this post-divorce action to modify child support, Appellant/Mother appeals the trial court’s: (1) calculation of Appellee/Father’s gross income; (2) determination that she was willfully underemployed; (3) imputation of income to her; (4) exclusion of summer work related childcare expenses from the child support worksheet; (5) denial of an upward deviation; and (6) denial of her request for attorney’s fees. Both parties seek an award of appellate attorney’s fees. Because we determine that the trial court improperly excluded certain sources of income from its calculation of Father’s gross income, we vacate Father’s child support obligation. We reverse the trial court’s denial of Mother’s attorney’s fees. We affirm the trial court’s conclusions that Mother was willfully underemployed and its imputation of income to her as well as its exclusion of summer work-related childcare expenses and its denial of an upward deviation. Mother’s request for appellate attorney’s fees is granted. Father’s request for same is denied.