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Clark v. Madden3/10/2000
FOR PUBLICATION
OPINION-FOR PUBLICATION
Appellant-petitioner/cross-respondent Paul R. Clark (Father) appeals the trial court's judgment concerning child support, child custody and limitations on the custodial parent in the decree dissolving his marriage to appellee-respondent/cross-petitioner Anne (Clark) Madden (Mother). Father specifically disputes the order that he be accompanied at all times by a responsible adult when V.C., his daughter, is with him. Furthermore, he appeals the trial court's order that he pay V.C.'s secondary education expenses, the trial court's income calculation and child support calculation, and its order of shared physical custody.
FACTS
Mother and Father were married on August 18, 1994. Their daughter V.C. was born on June 2, 1996. Father has been blind since birth. He is now in his fifties and has lived independently, traveling, completing a degree in computer technology, and founding two successful computer companies of which he is currently the chief executive officer.
Father claimed $398,000 in taxable income in 1998. The trial court attributed to him additional income derived from company-provided benefits. Mother was last employed before marrying Father, in one of Father's companies. She terminated her employment and planned not to work but to raise a family during the marriage. She earned approximately $27,500 in the past but was not employed at the time of the final dissolution hearing. The trial court imputed to her $20,000 in annual income.
At a temporary custody hearing and again with regard to the final custody determination, Father offered to hire a full-time nanny to assist him in caring for V.C. However, Father and Mother disagreed about the degree to which the nanny was needed. Father pointed out that he had cared for V.C. alone for a weekend on one occasion and that a nanny was not required to be in the presence of Father and his daughter at all moments. In addition, Father did not feel the need for the overnight presence of a nanny. Mother argued that Father needed help in caring for the toddler V.C. and that it was in the best interest of the child for the court to mandate such help.
Following a final hearing on custody and support on February 25-26 and March 2, 1999, the trial court entered findings of fact and conclusions of law on March 12, 1999. The findings relevant to this appeal are set forth below:
I. The Court finds that Father is visually impaired and at least while [V.C.] is young, Father will be required to employ a nanny/housekeeper. The Court finds that at all times [V.C.] is with Father, Father must be accompanied by another responsible adult [henceforth: the "accompaniment requirement"]. The court further finds that Ms. Young [the nanny] will be moving into Father's residence in the very near future and that [V.C.] has bec me quite close and attached to her nanny.
II. In light of all evidence in this case, the court finds that it is in the best interest of [V.C.] that Father be awarded sole legal custody of [V.C.].
III. The court further finds that it is in the best interest of [V.C.] that Mother and Father share her physical custody. Mother and Father shall have the physical care of [V.C.] for alternating weeks from Sunday at 6:00 p.m. to the following Sunday at 6:00 p.m.
I. Father has a history of full time gainful employment. Father testified his 1998 income was approximately Four Hundred Thousand Dollars ($400,000). However, Father's income did not include Forty-Five Thousand Dollars ($45,000) paid to Renate Young as her yearly salary, and company benefits provided to him in lieu
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