Darlene Hern (hereinafter, “Mother”) appeals from the trial court’s judgment modifying her child support obligation and awarding attorneys’ fees to Gary Hern (hereinafter, “Father”). Mother raises three points on appeal. First, Mother claims the trial court erred when it increased her child support obligation based upon imputed income. Second, Mother argues the trial court erred in calculating its Form 14 as it related to the overnight custody adjustment and medical expenses. Finally, Mother argues the trial court erred in awarding attorneys’ fees in light of its decision to impute income to her. We affirm as modified.
Mother and Father’s marriage was dissolved in August 1996, with Mother receiving custody of their minor child (hereinafter, “Child”). The dissolution decree was modified in November 2001, at which time the trial court awarded Father physical custody of Child and ordered Mother to pay child support in the amount of $300 per month.
Mother filed a motion to modify in May 2003, seeking modification of the physical custody of Child. Father filed a cross petition for modification asking for an increase in child support in light of a substantial increase in Mother’s income. During the pendency of the litigation, Mother was terminated from her employment for misconduct.
On the morning of trial, Mother voluntarily withdrew her motion seeking physical custody of Child. Father, Mother, and Mother’s husband testified at the hearing. The trial court found a substantial change in circumstances to warrant modifying the child support amount and increased Mother’s support obligation to $854.50 per month, after imputing income to Mother in the amount of $7,933 per month. The trial *655 court ordered Mother to pay arrearages in the amount of $6,954 and to pay Father’s attorneys’ fees. Mother appeals.
When reviewing a child support modification order, we must affirm the trial court’s judgment unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously applies or declares the law.
Murphy v. Carron,
In her first point, Mother argues the trial court erred when it increased her child support obligation from $300 per month to $854.50 per month because there was insufficient evidence to support the trial court’s decision to impute income to her in the amount of $7,933 per month. Mother claims Father has not carried his burden of showing there were employment opportunities available in the community for which Mother was qualified and could earn the amount imputed to her.
In calculating child support, trial courts have discretion to impute income to an underemployed or unemployed parent.
Burton v. Donahue,
Mother was terminated from her employment in late January 2004, for using a corporate credit card for personal use. While imputation of income is appropriate when a parent leaves his or her employment voluntarily, it has also been permitted when the parent was terminated involuntarily.
See Silverstein v. Silverstein,
In
Walker,
the court refused to impute income to a father when there was no evidence presented “that he was guilty of actions which could be interpreted as unreasonably creating the circumstances leading to his termination.”
Walker,
The evidence does not demonstrate, however, that Mother made a “good faith attempt to obtain new employment” until
*656
two weeks prior to the hearing, after being unemployed for approximately four months.
Compare Young,
In her second point, Mother claims the trial court erred in its calculation of child support because it miscalculated the overnight custody adjustment and did not take into account the medical expenses incurred by Mother. Father agrees that the trial court miscalculated the overnight custody adjustment and certain medical expenses. We agree.
There was uncontroverted evidence that Mother incurred $42 per month for medical insurance, $14 per month for dental insurance, and $7 for vision insurance for Child. Moreover, our review of the Form 14 reveals a mathematical error with respect to calculating the overnight visitation adjustment.
Rule 84.14 permits this Court to “give such judgment as the court ought to give. Unless justice otherwise requires, the court shall dispose finally of the case.” On review of the miscalculation, we need not remand, but may render the judgment that should have been rendered by the trial court.
Manula v. Terill,
Since the trial court erred in calculating the proper child support amount under Rule 88.01 and Form 14, we modify the judgment and order Mother to pay Father the total sum of $808.25 per month in child support. Additionally, we modify the trial court’s award with respect to arrearages owed and order Mother to pay $6,099 based on the revised calculation. Point granted.
Finally, Mother claims the trial court erred in ordering her to pay Father’s attorneys’ fees. Mother suggests that if we find error with respect to the trial court’s imputation of income, then we are obligated to take into account that error in determining her ability to pay Father’s attorneys’ fees.
As a general rule, parties to a dissolution action pay their own attorneys’ fees.
Graves v. Graves,
Mother concedes in her brief that her conduct contributed to the protraction of this litigation, and the record supports this concession. Mother merely asks us to reexamine the award of attorneys’ fees in conjunction with our analysis of whether the trial court abused its discretion by *657 imputing income to her. As discussed previously, we found no error in the trial court’s imputation of income, and likewise, we find no abuse of discretion with respect to the award of attorneys’ fees to Father. Point denied.
The judgment is affirmed as modified.
