Garcia-Ascencio v. Gonzalez

A finding that the guidelines support amount is “unjust or inappropriate” is necessary before a court is authorized to consider rebuttal factors and deviate from the guidelines. St. Sawer and St. Sawer, 196 Or App 175 (2004).

Mother appealed a judgment that required Garcia-Ascencio to pay less than the amount calculated under the Oregon Child Support Guidelines (“guidelines”). Mother assigned error to trial court’s award of child support amount. On appeal, Gonzalez argued the trial court erred when it deviated from the guidelines calculation without a finding that the calculations were “unjust or inappropriate”; used receipt of food stamps and enrollment in the Oregon Health Plan as rebuttal factors; and made findings not supported by the evidence. A finding that the guidelines support amount is “unjust or inappropriate” is necessary before a court is authorized to consider rebuttal factors and deviate from the guidelines. St. Sawer and St. Sawer, 196 Or App 175 (2004). The Court reasoned that, because the trial court found that the presumptive amount was “excessive,” but did not enter a finding that the amount was “unjust or inappropriate,” the court was not authorized to even consider any rebuttal factors and deviate from the guidelines amount. Reversed and remanded.