STEELMAN, Judge.
The trial court did not err by denying visitation with the minor children to defendant. The trial court did not err by ordering that plaintiff was entitled to child support or by imputing income to defendant. The order of the trial court is remanded for additional findings on the amount of income to be imputed to defendant and the amount of retroactive child support. The trial court did not err by transferring a vehicle to plaintiff as part of defendant's child support arrearage without calculating the value of the vehicle. The trial court's award of attorney's fees to plaintiff included the findings of fact required by N.C. Gen.Stat. § 50-13.6, and the trial court did not err in calculating a reasonable amount of attorney's fees. However, we remand this issue to the trial court for findings as to plaintiff's reasonable expenses as they pertain to her ability to pay for counsel.
Plaintiff Alana Respess and defendant Todd Respess were married on 22 August 1986, separated in 2006, and were divorced on 15 June 2009. They have four children: Jessica, born in 1987; Amanda, born 1993; Allysa, born 1998; and Noah, born in 2002. In 2005 defendant admitted to plaintiff that he had engaged in inappropriate sexual activity with Jessica, and on 3 May 2007 defendant pled guilty to five felony counts of indecent liberties with a child. In Case No. 05 CRS 54090, he was sentenced to 16 to 24 months imprisonment, suspended for 36 months of supervised probation on condition that he register as a sex offender, submit to electronic monitoring, have only supervised visitation with his children, and serve a four month active sentence. This sentence was completed in December 2009. In Case No. 07 CRS 1209, defendant pled guilty to four additional counts of indecent liberties, and
On 7 May 2007 plaintiff filed a complaint seeking temporary and permanent custody of the three minor children (Jessica reached majority in 2005). Plaintiff alleged that defendant had violated the conditions established by the Beaufort County DSS for visitation and that he was not "a fit and proper person" to have custody of the children. In his answer, defendant counterclaimed, seeking custody, child support,
On 16 October 2012 the trial court entered an order on the issues of child custody, child support, visitation, and the attorney's fees associated with litigation of these issues. At that time only Alyssa and Noah were minors. The provisions of the court's order concerning custody, visitation, and prospective child support apply only to those two children. The court made findings concerning defendant's sexual abuse of Jessica and his subsequent behavior towards her and his other children, and concluded that it would be "totally inappropriate" and detrimental to the best interests of the children for defendant to have "visitation or custodial relationships of any type" with the minor children. The trial court also made findings concerning the effect of defendant's sexual abuse upon his employment situation, and found that it was appropriate for the court to impute an income of approximately $50,000 a year to defendant, an amount that was about half of his previous annual earnings. The trial court concluded that plaintiff was entitled to retroactive and prospective child support, and to attorney's fees.
Defendant appeals.
In his first argument, defendant contends that the trial court committed reversible error by denying him visitation with the minor children. We disagree.
"Under our standard of review in custody proceedings, `the trial court's findings of fact are conclusive on appeal if there is evidence to support them, even though the evidence might sustain findings to the contrary.' Whether those findings of fact support the trial court's conclusions of law is reviewable de novo." Mason v. Dwinnell, 190 N.C. App. 209, 221, 660 S.E.2d 58, 66 (2008) (quoting Owenby v. Young, 357 N.C. 142, 147, 579 S.E.2d 264, 268 (2003) (other citation omitted)). "A trial court's unchallenged findings of fact are `presumed to be supported by competent evidence and [are] binding on appeal.' If the trial court's uncontested findings of fact support its conclusions of law, we must affirm the trial court's order." Mussa v. Palmer-Mussa, 366 N.C. 185, 191, 731 S.E.2d 404, 409 (2012) (quoting Koufman v. Koufman, 330 N.C. 93, 97, 408 S.E.2d 729, 731 (1991) (other citation omitted)).
Defendant argues, based on the holding of Moore v. Moore, 160 N.C. App. 569, 587 S.E.2d 74 (2003), that the trial court did not comply with the provisions of N.C. Gen.Stat. § 50-13. 5(i), and contends the trial court's finding that it was not in the children's best interests to have visitation with him was not supported by its other findings.
Under N.C. Gen.Stat. § 50-13.1(a) "the word `custody' shall be deemed to include custody or visitation or both." It is
Griffith v. Griffith, 240 N.C. 271, 275, 81 S.E.2d 918, 921 (1954). This standard is incorporated in N.C. Gen.Stat. § 50-13.2(a), which directs the trial court to "award the custody of [a] child to such person ... as will best promote the interest and welfare of the child."
It is also well-established that "the applicable standard of proof in child custody cases is by a preponderance, or greater weight, of the evidence." Speagle v. Seitz, 354 N.C. 525, 533, 557 S.E.2d 83, 88 (2001) (citing Jones v. All American Life Ins. Co., 312 N.C. 725, 733, 325 S.E.2d 237, 241 (1985)).
Although courts seldom deny visitation rights to a noncustodial parent, a trial court may do so if it is in the best interests of the child:
Swicegood v. Swicegood, 270 N.C. 278, 282, 154 S.E.2d 324, 327 (1967) (citing Griffin v. Griffin, 237 N.C. 404, 75 S.E.2d 133 (1953)). See also, In re Custody of Stancil, 10 N.C. App. 545, 551, 179 S.E.2d 844, 848-49 (1971) ("`The rule is well established in all jurisdictions that the right of access to one's child should not be denied unless the court is convinced such visitations are detrimental to the best interests of the child.'") (quoting Willey v. Willey, 253 Iowa 1294, 1302, 115 N.W.2d 833, 838 (1962)). This principle is codified in N.C. Gen.Stat. § 50-13.5(i), which provides that:
The statutory language is straightforward and unambiguous and requires that if a trial court does not grant reasonable visitation to a parent, its order must include a finding either that the parent is "an unfit person to visit the child" or that visitation with the parent is "not in the best interest of the child." Although our Supreme Court has not issued an opinion discussing this statute, during the past 30 years this Court has issued numerous opinions applying N.C. Gen. Stat. § 50-13.5(i). For example, in King v. Demo, 40 N.C. App. 661, 666-667, 253 S.E.2d 616, 620 (1979), we stated that:
(citing Swicegood, and Stancil). And, in Johnson v. Johnson, 45 N.C. App. 644, 647, 263 S.E.2d 822, 824 (1980), we held that:
(citing Swicegood). During the 33 years since Johnson was decided, we have consistently followed both its application of the best interests standard to disputes between parents regarding child custody and visitation, and its acceptance of the plain language of N.C. Gen.Stat. § 50-13.5(i). See, e.g., Correll v. Allen, 94 N.C. App. 464, 471, 380 S.E.2d 580, 584 (1989) ("Visitations may be denied if visitation is not in the child's best interest.") (citation omitted); Raynor v. Odom, 124 N.C. App. 724, 733, 478 S.E.2d 655, 660 (1996) ("G.S.50-13.5(i) requires that `the trial judge prior to denying a parent the right of reasonable visitation, shall make a written finding of fact that the parent being denied visitation rights is an unfit person to visit the child or that such visitation rights are not in the best interests of the child.'"); and Maxwell v. Maxwell, 212 N.C. App. 614, 622, 713 S.E.2d 489, 495 (2011) ("Our General Assembly has provided that: `... prior to denying a parent the right of reasonable visitation, [the trial court] shall make a written finding of fact that the parent being denied visitation rights is an unfit person to visit the child or that such visitation rights are not in the best interest of the child.' N.C. Gen.Stat. § 50-13.5(i) (2009)"). Thus, "it is generally agreed that visitation rights should not be permitted to jeopardize a child's welfare." Swicegood, 270 N.C. at 282, 154 S.E.2d at 327.
In the present case, the trial court found, as required by N.C. Gen.Stat. § 50-13.5(i), that it would not be in the children's best interests to have any visitation with defendant. This ultimate finding of fact was supported by numerous evidentiary findings of fact, including the following:
We hold that the trial court made the finding required by N.C. Gen.Stat. § 50-13.5(i) that it was not in the best interests of the minor children that defendant have visitation. This finding was supported by other, unchallenged, findings, and the trial court did not err by denying visitation to defendant.
In seeking to persuade us to reach a contrary conclusion, defendant relies primarily on the case of Moore v. Moore, 160 N.C. App. 569, 587 S.E.2d 74 (2003), which he contends is "controlling" and requires us to reverse the trial court. After careful review, we conclude that Moore is not dispositive of this issue.
Moore arose from a custody dispute between the divorced parents of a minor child. The plaintiff-father's visitation rights were suspended after the child disclosed sexual contact between the plaintiff and the child. The trial court denied the plaintiff's motion to reinstate visitation and found that it would not be in the child's best interests for plaintiff's visitation to be reinstated. Moore, 160 N.C.App. at 571, 587 S.E.2d at 75. On appeal, this Court reversed the trial court, based on application of a new standard for a trial court's denial of visitation rights, and held for the first time that (1) a trial court's denial of visitation is tantamount to termination of parental rights, and therefore requires the trial court to apply the "clear, cogent, and convincing" evidence standard applicable to termination cases; (2) to comply with N.C. Gen.Stat. § 50-13.5(i), a trial court must apply the standard applicable to a custody dispute between a parent and a non-parent, and may not apply the best interests of the child standard absent a written finding that the parent was unfit or had engaged in conduct inconsistent with his protected status as a parent; and (3) the trial court must state that these findings were based on clear, cogent, and convincing evidence. Id. at 573-74, 584 S.E.2d at 76.
In this case, the trial court found that visitation between defendant and the minor children was not in the children's best interest, but did not find that defendant was unfit or that his conduct was inconsistent with his protected parental status, and did not state that its decision to deny visitation was based on clear, cogent, and convincing evidence. Defendant argues that the trial court's ruling did not comply with the dictates of Moore. However, we conclude that the standard articulated in Moore directly conflicts with prior
"According to well-established law, `[w]here a panel of the Court of Appeals has decided the same issue, albeit in a different case, a subsequent panel of the same court is bound by that precedent, unless it has been overturned by a higher court.'" State v. Perry, ___ N.C.App. ___, ___, 750 S.E.2d 521, 534 (quoting In re Appeal of Civil Penalty, 324 N.C. 373, 384, 379 S.E.2d 30, 37 (1989)), disc. review denied, ___ N.C. ___, 749 S.E.2d 852 (2013). Thus, as a general rule, we are bound by prior opinions of this Court.
However, this Court has no authority to reverse existing Supreme Court precedent. See Rogerson v. Fitzpatrick, 121 N.C. App. 728, 732, 468 S.E.2d 447, 450 (1996) ("It is elementary that this Court is bound by holdings of the Supreme Court [of North Carolina]") (citation omitted), and Cannon v. Miller, 313 N.C. 324, 327 S.E.2d 888 (1985) (the Court of Appeals lacks authority to overrule decisions of the Supreme Court of North Carolina and has a "responsibility to follow those decisions, until otherwise ordered by the Supreme Court"). "Further, our Supreme Court has clarified that, where there is a conflicting line of cases, a panel of this Court should follow the older of those two lines." State v. Gardner, ___ N.C.App. ___, ___, 736 S.E.2d 826, 832 (2013) (citing In re R.T.W., 359 N.C. 539, 542 n. 3, 614 S.E.2d 489, 491 n. 3 (2005), superseded by statute on other grounds as recognized in In re M.I.W., 365 N.C. 374, 376, 722 S.E.2d 469, 472, rehearing denied, 365 N.C. 568, 724 S.E.2d 512 (2012)).
As discussed above, numerous cases from both this Court and our Supreme Court have long held that issues of child custody and visitation are determined by the best interest of the child, based upon the preponderance of the evidence. In addition, this Court has consistently interpreted N.C. Gen.Stat. § 50-13.5(i) as written, without adding additional requirements to the statute's text or deviating from the general rules governing child custody. The holding of Moore diverged sharply from this controlling precedent in significant respects.
First, Moore directed trial courts to apply to a custody dispute between a child's parents the standard applicable to a dispute between a parent and a non-parent. In Petersen v. Rogers, 337 N.C. 397, 403-04, 445 S.E.2d 901, 905 (1994), our Supreme Court held that, in a custody dispute between a child's natural parent and a non-parent, "absent a finding that parents (i) are unfit or (ii) have neglected the welfare of their children, the constitutionally-protected paramount right of parents to custody, care, and control of their children must prevail." However, in Owenby, 357 N.C. at 145, 579 S.E.2d at 266-67, which was decided before Moore, our Supreme Court explicitly ruled that Petersen was inapplicable to a custody dispute between parents:
(emphasis added) (quoting Petersen, 337 N.C. at 403-04, 445 S.E.2d at 905, and citing Price v. Howard, 346 N.C. 68, 78-79, 484 S.E.2d 528, 534 (1997) (internal citation omitted), Quilloin v. Walcott, 434 U.S. 246, 255, 98 S.Ct. 549, 54 L.Ed.2d 511, 520 (1978), and Adams v. Tessener, 354 N.C. 57, 61, 550 S.E.2d 499, 502 (2001)). Moore's holding that the Petersen presumption applies to a trial court's decision to deny visitation rights to a non-custodial parent contradicts our Supreme Court's holding that Petersen is "irrelevant"
Moore also failed to state a substantive or precedential basis for its holding that an order denying visitation was the functional equivalent of the termination of parental rights, and therefore required a trial court to apply the standards for termination proceedings. Our jurisprudence has long recognized significant differences between a child custody order, which is subject to modification upon a showing of changed circumstances, and orders for adoption or for termination of parental rights, which are permanent. See, e.g., Stanback v. Stanback, 287 N.C. 448, 456, 215 S.E.2d 30, 36 (1975) ("A judicial decree in a child custody and support matter is subject to alteration upon a change of circumstances affecting the welfare of the child and, therefore, is not final in nature.") (citations omitted), and Owenby, 357 N.C. at 145, 579 S.E.2d at 267 ("[A] termination of parental rights order completely and permanently severs all rights and obligations of the parent to the child and the child to the parent[.]") (citation omitted).
We also note that in In re T. K., D.K., T. K., & J. K., 171 N.C. App. 35, 613 S.E.2d 739, aff'd 360 N.C. 163, 622 S.E.2d 494 (2005), we affirmed a trial court's permanency planning order, holding that the trial court properly made findings as to the best interest of the children. Judge Tyson dissented in part, and argued that the trial court had failed to follow the standards set out in Moore, that denial of visitation rights "effectively terminated respondent's parental rights," T.K., 171 N.C.App. at 42, 613 S.E.2d at 743, and that the "trial court erred by denying respondent all visitation rights ... without finding her to be unfit or engaging in conduct inconsistent with her parental rights. Absent proper findings supported by clear, cogent, and convincing evidence, the trial court's conclusions of law are erroneous[.]" Id. at 44, 613 S.E.2d at 744-45 (citing Moore). Our Supreme Court rejected this opportunity to ratify or adopt the holding of Moore, and affirmed the majority opinion.
Prior to the decision in Moore, binding precedent consistently held that (1) the standard in a custody dispute between a child's parents is the best interest of the child; (2) the applicable burden of proof is the preponderance of the evidence; (3) the principles that govern a custody dispute between a parent and a non-parent are irrelevant to a custody action between parents; and (4) a trial court complies with N.C. Gen.Stat. § 50-13.5(i) if it makes the finding set out in the statute. Moore does not acknowledge these cases or articulate a basis on which to distinguish it from earlier cases. We conclude that Moore does not control the outcome of this case, and that defendant is not entitled to relief based on Moore.
Defendant also argues that the trial court's finding that visitation between defendant and the minors would not be in the children's best interest is not supported by its other findings. We reject this argument and note the trial court's extensive findings, quoted above. We conclude that the trial court did not commit reversible error by denying defendant visitation and that the trial court's ruling in this regard should be affirmed.
In his next argument, defendant contends that the trial court erred by (1) calculating retroactive child support based upon the child support guidelines, rather than evidence of plaintiff's actual expenditures; (2) applying the 2011 guidelines to his retroactive child support obligation, rather than the 2006 guidelines; (3) imputing an amount of income to him that was not supported by proper findings; (4) awarding plaintiff a vehicle without determining its value; and (5) finding that defendant had willfully refused to pay any child support without excuse or explanation. We agree in part.
"`Child support awarded prior to the time a party files a complaint is properly classified as retroactive child support.... Child support awarded, however, from the time a party files a complaint for child support to the date of trial is. [termed] prospective child
N.C. Gen.Stat. § 50-13.4(c) states that the trial "court shall determine the amount of child support payments by applying the presumptive guidelines established pursuant to subsection (c1) of this section." The guidelines in effect at the time of this hearing state that
Standing alone, this provision would allow a trial court to calculate retroactive child support by reference to the guidelines. However, in Robinson v. Robinson, 210 N.C. App. 319, 333, 707 S.E.2d 785, 795 (2011), we held that "`[r]etroactive child support payments are only recoverable for amounts actually expended on the child's behalf during the relevant period.' Therefore, a party seeking retroactive child support must present sufficient evidence of past expenditures made on behalf of the child, and evidence that such expenditures were reasonably necessary." (quoting Rawls v. Rawls, 94 N.C. App. 670, 675, 381 S.E.2d 179, 182 (1989), and citing Savani v. Savani, 102 N.C. App. 496, 501, 403 S.E.2d 900, 903 (1991)).
The rule stated in the Guidelines conflicts with the holding of Robinson. We have held that:
Carson, 199 N.C.App. at 107, 680 S.E.2d at 889. Carson and Robinson, construed together, require that an award of retroactive child support be supported by evidence of plaintiff's actual expenditures for the children during the period for which she seeks retroactive child support.
Plaintiff acknowledges the cases cited above, but argues that "the Court of Appeals was mistaken in its decision in Robinson." However, we "are bound by opinions of prior panels of this Court deciding the same issue." Easton v. J.D. Denson Mowing, 173 N.C. App. 439, 441, 620 S.E.2d 201, 202 (2005) (citing Civil Penalty). We conclude that this issue is controlled by Robinson and Carson, and that the trial court's award of retroactive child support must be reversed and remanded for findings on plaintiff's actual expenditures for the children during the relevant time period.
Next, defendant argues that the trial court erred by calculating his retroactive child support obligation using the 2011, as opposed to the 2006, guidelines. However, as we have held that the trial court erred by using the guidelines to calculate retroactive child support, we do not reach this argument.
Defendant argues next that the trial court erred in determining the amount of income it imputed to defendant. The trial court imputed to defendant an annual income of approximately $50,000. Defendant argues that this amount was not supported by the trial court's other findings or the evidence. We agree and remand for the trial court to make additional findings as to defendant's earning ability.
The court found that defendant had previously earned $100,000 and imputed a current income of approximately $50,000, or half of his previous salary. However, the findings do not establish any basis for the court's imputation in 2011 of half of what he earned in 2005, as opposed to some other fraction or amount. "[T]he findings of fact on this issue are insufficient to support the trial court's determination of the amount of income that should be imputed to [defendant]. A trial court must `make sufficient findings of fact and conclusions of law to allow the reviewing court to determine whether a judgment, and the legal conclusions that underlie it, represent a correct application of the law.'" McKyer, 179 N.C.App. at 147-48, 632 S.E.2d at 837 (quoting Spicer v. Spicer, 168 N.C. App. 283, 287, 607 S.E.2d 678, 682 (2005)) (emphasis in original). We conclude that the court's determination that it was appropriate to impute income to defendant should be upheld, but that the order must be remanded for findings detailing how the trial court arrives at the
Defendant argues next that the trial court erred by awarding plaintiff a 1997 Ford Expedition as an "additional form of child support" without determining the vehicle's value and deducting it from the child support award. We disagree.
Defendant cites N.C. Gen.Stat. § 50-13.4(e):
Defendant notes that if the trial court orders the transfer of real property in payment of child support arrearages it must determine the property's value. He argues that an "analogous situation exists here," that the trial court "should have determined the Vehicle's value and deducted that amount from the total child support award" and that the court's "failure to do so constitutes error." However, N.C. Gen.Stat. § 50-13.4(e) does not require the trial court to determine the value of personal property applied towards child support arrearage and defendant does not offer any support for his contention that such a transfer is "analogous" to a transfer of real property or any authority for us to supplement the statute with an additional requirement not found therein.
And, defendant does not dispute the trial court's finding of fact that:
Thus, defendant concedes that (1) the vehicle was fifteen years old and had 285,000 miles on it at the time of the hearing; (2) although it had been titled in his name, plaintiff had assumed responsibility for "all expenses" of the vehicle; and (3) he consented to transfer of the vehicle as an additional form of child support.
"[T]o obtain relief on appeal, an appellant must not only show error, but that appellant must also show that the error was material and prejudicial, amounting to denial of a substantial right that will likely affect the outcome of an action." Starco, Inc. v. AMG Bonding & Ins. Servs., 124 N.C. App. 332, 335, 477 S.E.2d 211, 214 (1996) (citation omitted). Defendant does not assert any prejudice from the court's alleged error. In addition, defendant does not dispute that he consented to transfer the vehicle to plaintiff, a finding supported by his testimony. Given the defendant's failure to articulate a legal basis for interpreting N.C. Gen.Stat. § 50-13.4(e) in a manner not supported by the statute's text, any prejudice arising from the court's alleged error, or any reason to grant relief on the basis of a transfer to which he consented, we decline to hold that the court erred by transferring the 1997 vehicle to plaintiff without making a specific finding as to its value.
In defendant's next argument, he argues that the trial court erred by finding "that, although [he] has resources to pay some child support, he [had] `willfully failed to pay any child support without excuse.'" Defendant does not dispute that he failed to pay any child support after August 2006, but argues that he presented evidence of his inability to find employment. However, the court was not required to believe defendant's
In his final argument, defendant contends that the trial court erred by awarding attorney's fees to plaintiff. Defendant argues that the trial court erred in finding that defendant had the ability to pay attorney's fees, basing its award of attorney's fees in part on its finding that defendant had acted in bad faith, and finding that plaintiff had insufficient means to pay attorney's fees. We agree in part.
N.C. Gen.Stat. § 50-13.6 (2013) states that in any proceeding for child custody or support:
To award attorney's fees in an action for custody and support,
Hennessey v. Duckworth, ___ N.C.App. ___, ___, 752 S.E.2d 194, 199 (2013) (quoting Cameron v. Cameron, 94 N.C. App. 168, 172, 380 S.E.2d 121, 124 (1989) (citations omitted).) Pursuant to N.C. Gen.Stat. § 50-13.6, in a custody action, a trial court "has the discretion to award attorney's fees to an interested party when that party is (1) acting in good faith and (2) has insufficient means to defray the expense of the suit. The facts required by the statute must be alleged and proved[.] ... Whether these statutory requirements have been met is a question of law, reviewable on appeal." Hudson v. Hudson, 299 N.C. 465, 472, 263 S.E.2d 719, 723 (1980).
The trial court made the following findings:
Defendant does not dispute that these findings meet the statutory requirements discussed above. He does not challenge the trial court's determination of a reasonable amount of attorney's fees, which we affirm. However, defendant raises other arguments about the court's award of attorney's fees to plaintiff.
Defendant argues first that the trial court erred by finding that he "has resources" available to pay attorney's fees. Defendant directs our attention to evidence he presented tending to show that he faces economic challenges. However, the trial court was not required to find his evidence credible. He also argues that the trial court should not have considered the fact that his living expenses are being paid by his wife, because she has no legal obligation to support his children. However, "where a party's new spouse shares responsibility for the party's
The underlying premise of this argument is that before it could award attorney's fees to plaintiff, the trial court had to make findings about his ability to pay these fees. Defendant cites no authority for this proposition and our Supreme Court has held that "`we do not believe that the determination of whether a party has sufficient means to defray the necessary expenses of the action requires a comparison of the relative estates of the parties'" and "that N.C.G.S. § 50-13.6 does not require the trial court to compare the relative estates of the parties[.]" Van Every v. McGuire, 348 N.C. 58, 59-60, 497 S.E.2d 689, 690 (1998) (quoting Taylor, 343 N.C. at 57, 468 S.E.2d at 37.) We conclude that the trial court was not required to find that defendant "had resources" available in order to award attorney's fees to plaintiff, making it unnecessary for us to analyze the evidentiary support for this finding of fact.
Defendant also argues that the trial court erred by basing its award of attorney's fees on his "bad faith in requesting custody or visitation." This argument lacks merit. In Finding No. 145, the trial court stated that:
Defendant concedes that "this Finding/Conclusion was not included in the findings related to the attorney's fees award[.]" There is no evidence that the trial court's award of attorney's fees to plaintiff was "based on" its passing reference to bad faith in this finding. Defendant is not entitled to relief based upon this argument.
Defendant also challenges the evidentiary support for the trial court's finding that plaintiff "is without sufficient funds to defray the expenses of this custody lawsuit including all of her attorneys' fees[.]" The trial court made the following findings regarding plaintiff's income, expenses, and estate:
The court's findings are sufficient with regards to plaintiff's income. However, the trial court made no findings as to her expenses or her assets and estate. We remand for additional findings to support the trial court's finding that plaintiff had insufficient means to defray the cost of counsel.
We affirm the trial court's ruling denying defendant visitation with the minor children, its determination that plaintiff was entitled to child support, its ruling that it was proper to impute income to defendant, and its transfer of the 1997 vehicle to plaintiff. We reverse and remand the order with regard to the amount of retroactive child support to which plaintiff may be entitled, the amount of income that may be imputed to defendant, and for additional findings regarding plaintiff's expenses as it pertains to her claim for attorney's fees. In its discretion, the trial court may take such additional evidence as it deems necessary.
AFFIRMED IN PART, REVERSED AND REMANDED IN PART.
Judges STEPHENS and DAVIS concur.
