In this marital dissolution action, the defendant appeals challenging the child support order issued incident to the judgment of dissolution. The dispositive issue is whether the trial court abused its discretion in ordering the defendant, a recipient of public assistance from the federal supplemental security income and state supplemental income programs, to pay $35 per week child support. We find error.
“As a preliminary matter, we note that a trial court has broad discretion in domestic relations cases. Leo v. Leo,
The defendant is disabled and has been found eligible for benefits from both federal and state programs. These benefits, in fact, constitute the defendant’s sole source of income. The defendant receives $176.05 per week, with expenses totalling $281.86 per week. His liabilities exceed $10,000 and he has no assets other than his household goods. It was undisputed that all of his public assistance grants were expended toward rent and food, including the maintenance of a special diet. The trial court reasonably deemed the defendant,
Implicit in the trial court’s order was the finding that the defendant was unable to pay any amount of child support at the time of the judgment. The trial court’s order is clearly one for speculative prospective payments based on an anticipation of a change in his circumstances. That ruling constituted an abuse of discretion, which must be held to constitute error. Manaker v. Manaker,
This case is distinguishable from our recent decision in Lawler v. Lawler,
There is error, the order of support is vacated and the case is remanded with direction to modify the judgment in accordance with this opinion.
In this opinion the other judges concurred.
Notes
Our conclusion that the trial court abused its discretion renders it unnecessary to consider the defendant’s claim that, as a matter of law, child support payments may not be ordered to be paid out of supplemental security income benefits and their state supplements.
In Fattibene v. Fattibene,
