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Alfred Thomas BARBAGALLO, Appellant, v. Cathy Lee BARBAGALLO, Respondent.

786 P.2d 673 (Nev. 1990) Alfred Thomas BARBAGALLO, Appellant, v. Cathy Lee BARBAGALLO, Respondent. No. 18757. Supreme Court of Nevada. February 7, 1990.

        ORDER AMENDING OPINION

        We direct the clerk of the court to amend the original opinion, 779 P.2d 532, by substituting the following edited material for footnote two:

        We note that the district courts in some cases have attempted to devise their own formulas in making adjustments of this kind. An example of this process can be found in the Nevada Civil Practice Manual (Michie 1988). It appears at section 3008 that "[s]ince no case authority on the new statute is available at the time of the writing of this handbook, many questions with regard to application of the formula cannot be definitively answered." Id. at 703-04. The manual then describes a mathematical device for adjusting the formula which is characterized as one of the "approaches which have been utilized by some courts and domestic relations referees. The practitioner is cautioned that these approaches have not been presented to or accepted by all courts." Id. at 704. As said above, it is inappropriate for the courts to adopt their own formulas when the mathematical approach to adjusting the formula in joint custody cases has been considered and rejected by the legislature.

        YOUNG, C.J., and SPRINGER and STEFFEN, JJ., concur.

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Barbagallo v. Barbagallo
(Feb 7, 1990)