Baggett v. Baggett

693 So. 2d 264, 1997 WL 196644
CourtLouisiana Court of Appeal
DecidedApril 23, 1997
Docket96-453
StatusPublished
Cited by15 cases

This text of 693 So. 2d 264 (Baggett v. Baggett) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baggett v. Baggett, 693 So. 2d 264, 1997 WL 196644 (La. Ct. App. 1997).

Opinion

693 So.2d 264 (1997)

Karen Hipperson BAGGETT, Plaintiff-Appellant,
v.
Philip Gordon BAGGETT, Defendant-Appellee.

No. 96-453.

Court of Appeal of Louisiana, Third Circuit.

April 23, 1997.

*265 Jesse Phillip Terrell, Jr., Alexandria, for Karen Hipperson Baggett.

James Richard Mitchell, Leesville, for Philip Gordon Baggett.

Before YELVERTON, KNOLL[1] and SULLIVAN, JJ.

KNOLL, Judge.

In this divorce case, Karen Baggett appeals the trial court's determinations of alimony pendente lite and child support. Because we find that the trial court failed to apply the proper legal standards in determining the awards of alimony pendente lite and child support, we amend the judgment of the trial court and increase the awards of award alimony pendente lite and child support.

FACTS

Karen Baggett and Philip Baggett had been married for nearly twenty-six years when Karen filed for divorce on January 12, 1995. They had three children, Timothy, Steven, and Jonathan. The youngest child, Jonathan, was a minor at the time of trial in this case. Karen Baggett is employed by the Beauregard Parish School Board, while Philip is the president and sole shareholder of a closely held corporation, Baggett Duplicating Products, Inc.

In her petition for divorce, Karen requested that she be named custodial parent of Jonathan, and that Philip provide alimony pendente lite and child support. This matter was initially referred to a hearing officer of the 36th Judicial District Court, and after two hearings, the following determinations were made: Philip's monthly income as president of Baggett Duplicating Products, Inc. was $6,833. Karen's monthly income, based *266 on her 1994 W-2 statement was $1,972. Based upon these income figures, the hearing officer set Philip's share of the child support payments at $1,107 per month. The hearing officer also awarded alimony pendente lite of $1,200 per month.

Philip requested a review of the award of the hearing officer by the district court, and a hearing was set for June 19, 1995. At the hearing, extensive testimony was taken concerning the family's financial status, Philip's income, and his contributions to the household expenses prior to the break up of the marriage. It became evident that in addition to Philip's salary, Baggett Duplicating Products, Inc. paid many of the family's expenses, including insurance, utilities, salaries to the children, maid service, and household expenses. Because of this, the trial court had difficulty in accurately determining Philip's income. On June 29, 1995, the trial court appointed an expert witness to review the financial statements of Philip and Baggett Duplicating Products, Inc. In written reasons, the court stated:

It is clear from the testimony of both Mr. and Mrs. Baggett that it has long been the practice of the family to maintain a comfortable standard of living by utilizing the structure of a small, closely held business corporation as an entity for the payment of many expenses that inure directly to the benefit of the family. Whether these "business expenses" are legitimate under the provisions of the U.S. Income Tax Code is of no moment to the Court. However, it is incumbent upon the Court under the provisions of LSA-R.S. 9:315(4) to consider the benefits derived from such creative tax accounting, which in this case apparently makes meaningless the personal income tax returns of the Baggetts in attempting to reach an understanding of the meaning of maintenance "in the same standard of living to which (the dependant) was accustomed prior to the (dissolution of the family.)"

The trial court appointed Charles E. Scarbrough, a C.P.A. in Beauregard Parish, to examine the financial statements of Baggett Duplicating Products, Inc. and determine the annual benefit derived by Philip from the corporation. On October 3, 1995, Mr. Scarborough rendered a report in which he estimated Philip's monthly income at $3,085.

After a hearing on November 6, 1995, the trial court determined that Philip's monthly income was $3,300. In its oral reasons for judgment, the trial court stated that it accepted the conclusions made by Mr. Scarbrough, except for Mr. Scarbrough's exclusion of payments made by Baggett Duplicating Products, Inc. to the Baggett children. The trial court reduced Philip's monthly child support obligation to $653 and reduced alimony pendente lite to $600 per month. The reduction of child support and alimony pendente lite was made retroactive to the filing of divorce, and Karen was ordered to return $12,540 to Philip for overpayments he had made. The trial court also denied Karen's claim for permanent alimony.

Karen appeals, asserting that the court erred: 1) in relying on Mr. Scarbrough's report and testimony, 2) in underestimating Philip Baggett's income, 3) in reducing the award of the hearing officer for alimony pendente lite, and 4) in reducing the amount of the child support award.

STANDARD OF REVIEW

There is a three-tiered standard which must be applied in reviewing a trial court's award of alimony and child support. In Davy v. Davy, 469 So.2d 481(La.App. 3 Cir.1985), we stated:

When we review a trial judge's decision in a case such as the present, we must make three determinations, under three different standards of appellate review. First, we must determine whether the trial judge correctly applied the proper legal standard or standards. We do not defer to the discretion or judgment of the trial judge on issues of law. Second, we must examine the trial judge's findings of fact. We will not overturn the trial judge's factual determinations unless, in light of the record taken as a whole, they are manifestly erroneous (or clearly wrong). Third, we must examine the propriety of the alimony award. If it is within legal limits and based on facts supported by the record, we *267 will not alter the amount of the award in the absence of an abuse of the trial judge's great discretion to set such awards.

469 So.2d at 482. See also, Moncus v. Moncus, 510 So.2d 1271 (La.App. 3 Cir.), writ denied, 514 So.2d 462 (La.1987).

In the case sub judice, we find that the trial court failed to apply the proper legal standards in determining the amounts of alimony pendente lite and child support. We further find that the trial court committed manifest error in its reliance on the report of Mr. Scarbrough in determining Philip's income from Baggett Duplicating Products, Inc.

The record reflects that prior to the break up of the marriage, the Baggetts had a very comfortable lifestyle. The Baggetts lived in a home valued at $120,000, and they owned a camp on three lots at Toledo Bend, complete with a custom made bass boat. A maid assisted Karen in the Baggett home, and the Baggetts frequently took trips and family vacations. The annual sales for Baggett Duplicating Products, Inc. consistently exceeded $450,000, and on November 1, 1994, the Baggetts' net worth was estimated in excess of $374,000. Steven Baggett testified that money was never an object in the household and that the needs and even the wants of the family were always provided.

The record also reflects that prior to January, 1995, the vast majority of the household expenses were either paid personally by Philip or were paid through Baggett Duplicating Products, Inc.

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Bluebook (online)
693 So. 2d 264, 1997 WL 196644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baggett-v-baggett-lactapp-1997.