In Re Marriage of Tydlaska

Opinion

HUFFMAN, J.

Lee Tydlaska (Lee) appeals an order denying his request to modify spousal and child support obligations to his former spouse Darlene Tydlaska (Darlene). He contends: (1) the court erred by finding he did not file a current income and expense declaration; (2) the court should have given him an opportunity to file an updated income and expense declaration; (3) Darlene failed to timely file her income and expense declaration; and (4) the court erred by ignoring the special master’s report. We affirm the order.

PROCEDURAL BACKGROUND

Lee and Darlene dissolved their 27-year marriage. As part of the property settlement, Lee received the parties’ closely held corporation, Computer Conversions, Inc. (CCI). In September 2001, the court ordered Lee to pay monthly child support of $2,185 and monthly spousal support of $4,000.

In December 2001, Lee filed an order to show cause (OSC) seeking to modify child and spousal support. Attached to the OSC was Lee’s income and expense declaration dated December 24, 2001, showing his gross monthly income was $10,423. In her response, Darlene challenged the amount of Lee’s gross monthly income. At a hearing in February 2002, the court appointed a special master to determine Lee’s income as well as the income of CCI, and continued the hearing for two months.

The special master filed his report with the court in July 2002. He found Lee’s gross monthly income for 2001 was $11,983. The court eventually held a hearing on August 8, 2002, and after taking the matter under submission, denied Lee’s request to modify spousal and child support because Lee did not have a current income and expense declaration on file as required by local rules of court.

DISCUSSION

I

Lee contends the court erred by denying his request to modify support on the ground he failed to file a current income and expense declaration as

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