Harris v. Kerr

Summary

The Delaware Supreme Court affirmed a Family Court order modifying the father's monthly child support obligation. The Court held that the Family Court did not abuse its discretion by declining to sanction the mother for an allegedly false financial disclosure and by accepting its determination of childcare expenses. The Court also declined to consider the mother's request for recalculation because she had not filed a cross-appeal and relied on documents not presented below.

Holdings

1. The Family Court did not abuse its discretion by declining to impose sanctions because the report was not admitted into evidence, was not relied upon in calculating support, and the employer-name error would not have affected the outcome.
2. The Family Court did not abuse its discretion or improperly reject the Father's challenge to the childcare-expense calculation because it credited the Mother's testimony that her salaried employment required evening and additional work despite the absence of overtime pay.
3. The Supreme Court would not direct recalculation because the Mother had not filed a cross-appeal and the supporting documents had not been presented to the Family Court in the first instance.

Questions Presented

1. Whether the Family Court abused its discretion by declining to impose sanctions based on the Mother's allegedly false or incomplete Family Court Civil Rule 16(a) financial disclosure.
2. Whether the Family Court clearly erred or abused its discretion in accepting the Mother's testimony and allowing $950 per month in childcare expenses in calculating child support.
3. Whether the Supreme Court should direct recalculation of child support based on documents and arguments presented by the Mother for the first time on appeal without a cross-appeal.

Disposition

affirmed