Waldon v. Waldon

In Waldon v. Waldon, 34 Ark. App. 118, 806 S.W.2d 387 (1991), the Court stated that although a court may consider the payor spouse's other dependent children in setting child support, the chart should be applied to just the children concerned in the case. The result of applying the chart based upon more dependents than are in issue in the case is that "the amount of support for the one child [becomes] diluted, as the chart is structured so that the amount of support per child decreases in proportion to the number of added dependents." Waldon v. Waldon, 34 Ark. App. at 123, 806 S.W.2d at 390. However, in Waldon, the Court upheld the chancellor's determination of child support because he explained "that he was not only taking into account the appellee's other children, but also appellee's considerable obligations relative to the medical expenses of this child," which was in addition to the payment of the support. Id. at 124, 806 S.W.2d at 391. The Court held that the chart should be applied to the child that is before the court and that it is improper for the chancellor to have applied the chart based on three dependents and then divide that amount by three. "The result of applying the chart as the chancellor did here is that the amount of support for the one child was diluted, as the chart is structured so that the amount of support per child decreases in proportion to the number of added dependents." 34 Ark. App. at 123, 806 S.W.2d at 390.