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Balfour v. Balfour
Citations: 660 So. 2d 1015; 1995 Ala. Civ. App. LEXIS 288; 1995 WL 302407Docket: 2940066
Court: Court of Civil Appeals of Alabama; May 19, 1995; Alabama; State Appellate Court
Douglas J. Balfour appeals a judgment from the Alabama Court of Civil Appeals concerning the applicability of the Wisconsin Marital Property Act to child support calculations under Alabama's guidelines. The court affirms the trial court's ruling that Wisconsin law does not allow for excluding half of the father’s income from child support calculations based on marital property interests. The father argues that Wisconsin law grants his current wife half of his income, which should affect child support obligations. However, the court finds that relevant Wisconsin statutes do not support this interpretation, as child support obligations are based on income prior to his current marriage and should include his entire gross income. Additionally, the father contests the trial court's decision to include health insurance costs in his child support obligation, despite the child being covered under the insurance of the mother’s current husband. The court notes that Alabama guidelines require both parents to provide for the child’s healthcare needs, and that the obligation for health insurance lies with the child's parents, regardless of other available coverage. The trial court's inclusion of these costs in calculating child support was deemed appropriate and not in error. The judgment is affirmed, with all judges concurring.