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Click here for the full text of this decision FACTS:Delia Monica Maher and Stephen Maher were divorced in 2001. They were named joint managing conservators of their three children, M, S and J. Delia had primary custody, and Stephen had rights of possession at certain times. Stephen was to pay $1,200 per month in child support and provide health insurance for the children. In July 2002, M went to live with Stephen and did not return to live with Delia until December 2003. S began lived with Stephen from March to August of 2003. During this time, Stephen supported the two children, and Delia did not pay Stephen any child support. Nonetheless, Stephen continued making his child support payments until April 2003. He began paying them again, but at a reduced rate. Delia filed suit for child support arrears, and to hold Stephen in contempt. Stephen asserted the affirmative defense that Delia had voluntarily relinquished possession and control of M. Stephen’s affidavit supported by stating that Delia closed the door in M’s face, told M she did not want her to live with her anymore, and told Stephen that she did not want M living with her anymore. Similarly, Stephen asserted by affidavit that Delia told him S needed to start living with him. Delia denied doing these things and denied she had voluntarily relinquished the children. She said she wanted the children back, but that Stephen kept them from her. Both agreed that during the period when M and S lived with Stephen, Delia visited with them and had them spend the night occasionally, but that Delia always returned them to Stephen. Stephen testified about the expenses he had incurred during the time the children lived with him, saying it cost him $9,898. He provided several exhibits listing expenditures made on the children’s behalf. He stated that he spent an additional $2,433 on medical care during their stay with him, though he did not provide documentation. The trial court found that Delia had voluntarily relinquished possession of the two children. The trial court also found that Stephen owed $6,443 in arrears, but that he spent in excess of that amount in support of the children. Consequently, Stephen was found to be current in his support payments, and so Delia’s request for child support arrearages and a contempt order were denied. HOLDING:Affirmed as modified. Delia argues that there can’t be a voluntary relinquishment without an affirmative agreement. The court rules � without deciding whether such an affirmative agreement is necessary � that the evidence in this case already supports the finding that Delia agreed to relinquish possession and control of M and S. The court agrees with the trial court that Stephen was entitled to an offset against his child support arrears for the money in spent on the children while they lived with him. As for the way in which the offset was calculated, the court rejects all of Delia’s arguments, that: 1. Stephen was required to itemize his expenses to account for his expenditures on the children, rather than allocating percentages of household expenses to each child; 2. Stephen was improperly granted credit for support he provided on days within the period of voluntary relinquishment on which he otherwise had court-ordered possession of the children; 3. the arrearage and actual support does not have to be reconciled on a calendar year basis; and 4. actual support provided to two children cannot be used to offset the entire amount of child support owed in support of three children. The court agrees with Delia, however, that Stephen should not have been given an offset for the children’s medical expenses, because he did not provide any documentation to back up his bald assertions. Consequently, the court’s ruling is modified to delete the application of this offset credit, though the judgment as a whole is affirmed. OPINION:Stone, J.; Stone, Angelini and Marion, JJ.

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