Bickham v. Bickham

849 So. 2d 707, 2003 WL 21058023
CourtLouisiana Court of Appeal
DecidedMay 9, 2003
Docket2002 CA 1307
StatusPublished
Cited by13 cases

This text of 849 So. 2d 707 (Bickham v. Bickham) 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
Bickham v. Bickham, 849 So. 2d 707, 2003 WL 21058023 (La. Ct. App. 2003).

Opinion

849 So.2d 707 (2003)

Lori Williams BICKHAM
v.
Ewell Dewitt BICKHAM.

No. 2002 CA 1307.

Court of Appeal of Louisiana, First Circuit.

May 9, 2003.

*708 Brenda Braud, Independence, Counsel for Plaintiff/Appellee Lori Williams Bickham.

Charles E. Griffin, II, St. Francisville, Counsel for Defendant/Appellant Ewell Dewitt Bickham.

Before: KUHN, DOWNING and GAIDRY, JJ.

GAIDRY, J.

Defendant, Dr. Ewell Dewitt Bickham, appeals a trial court judgment ordering him to pay plaintiff, Lori Williams Bickham, attorney fees and court costs in connection with past due child support and spousal support, as well as interest on each *709 support payment from the date due; denying his motion to modify a prior judgment to terminate interim spousal support; and denying his motion to strike Mrs. Bickham's judgment debtor rule. For the following reasons, we affirm.

Mrs. Bickham filed a petition for divorce on December 1, 2000, in which she requested both spousal support and child support. On December 18, 2000, the parties entered into an interim stipulation before Judge George H. Ware that Dr. Bickham would pay Mrs. Bickham $1,200 a month in child support, beginning in December 2000. Mrs. Bickham's attorney was to prepare an order to that effect. On December 29, 2000, an interim order submitted by Dr. Bickham's attorney was signed by Judge Ware stating that Dr. Bickham would pay Mrs. Bickham $1,200 by December 25, 2000 and monthly thereafter until a hearing could be held. A subsequent interim order, which was submitted by Mrs. Bickham's attorney on January 10, 2001, was also signed by Judge Ware. This interim order provided that Dr. Bickham would pay Mrs. Bickham $1,200 before Christmas 2000, and on the first of each month thereafter, until a hearing could be held. Judge Ware recused himself from the case on January 10, 2001, apparently after signing the second interim order.

Mrs. Bickham filed a Rule for Contempt on February 16, 2001, alleging that Dr. Bickham was in arrears on February's child support, which she claimed was due on the first of the month, and asking that he be ordered to pay the past due support, plus interest from the date the payment was due, court costs, and attorney fees. A hearing was held before Judge Wilson R. Ramshur, who then declined to hold Dr. Bickham in contempt because he found that it was not clear what the court ordered as to the time when the payments should be made.

On April 16, 2001, a hearing was held on the issues of custody, child support, and spousal support, after which the court ordered Dr. Bickham to pay $2,000 per month as support for the minor children and $2,000 per month as interim spousal support. The increase in child support was effective April 15, 2001. The spousal support ordered was retroactive to December 1, 2000. A judgment to this effect was signed May 14, 2001 by Judge Ramshur.

Mrs. Bickham filed a rule for contempt July 17, 2001, alleging that Dr. Bickham had refused to pay the support ordered in the May 14, 2001 judgment and asking that these past due amounts be made executory. Mrs. Bickham also requested that Dr. Bickham be ordered to pay her court costs and attorney fees. Dr. Bickham filed a rule for divorce and also requested that the prior judgment be modified to grant specific summer visitation and to reduce child support. A hearing was held on these matters on September 10, 2001 before Judge Thomas W. Tanner. A divorce was rendered, and the court ordered that Dr. Bickham continue to pay Mrs. Bickham $2,000 per month in interim spousal support, due on the first of each month, for one hundred and eighty days after the rendition of the judgment of divorce. The court found that defendant had failed to comply with the previous order of the court in that he failed to pay any of the interim spousal support due and failed to pay $50 in past due child support, and the court entered judgment in favor of Mrs. Bickham in the amount of $20,000 for interim spousal support and $50 for child support. The court did not award interest and attorney fees to Mrs. Bickham, and ordered that the parties split court costs equally.

*710 Mrs. Bickham filed a motion for new trial on September 27, 2001, asking that the court grant a new trial and award her interest, attorney fees, and court costs in accordance with La. R.S. 9:375.

Mrs. Bickham also filed a rule for contempt and to make past due support executory. Thereafter she filed a Petition to Examine Judgment Debtor, in which she asserts that she has a judgment in the amount of $20,050, which has been only partially satisfied, and that no suspensive appeal has been taken from the judgment. Dr. Bickham filed a Motion to Dismiss Judgment Debtor Rule, asserting that Mrs. Bickham had already been supplied with all the necessary information in discovery.

A hearing was held before Ad Hoc Judge L.J. Hymel on November 26, 2001, and in a judgment dated December 6, 2001, the court denied Dr. Bickham's motion to dismiss the judgment debtor rule, and granted Mrs. Bickham's judgment debtor rule, after which examination of Dr. Bickham took place in open court. The court found that Dr. Bickham remained $8,000 in arrears on past due spousal support, which had been made executory by the judgment of September 19, 2001. In addition, the court found the defendant to be further in arrears in the amount of $4,000, which amount was then made executory. The court held Dr. Bickham in contempt, and sentenced him to thirty days in the parish prison, which sentence was suspended contingent upon his payment of $4,000 in past due support, plus $1,000 in attorney fees and legal interest on the October and November 2001 spousal support payments from the date each payment was due, plus all costs of court. In another judgment also dated December 6, 2001, the court granted Mrs. Bickham's motion for new trial and modified the September 19, 2001 judgment making past due child and spousal support in the combined total amount of $20,050 executory to include an attorney fee award of $300, judicial interest from the date each support payment was due, and all costs of court.

Dr. Bickham appeals, raising the following assignments of error:

1. The trial court committed manifest error in awarding Mrs. Bickham attorney fees and court costs, as well as judicial interest from the date that each support payment was due, rather than from the date of judicial demand.

2. The trial court committed manifest error in denying Mr. Bickham's motion to modify the trial court ruling of September 19, 2001 to terminate interim spousal support, as there was no hearing to determine need, ability to pay, or the standard of living of the parties during the marriage, as required by La. C.C. art. 113.

3. The trial court committed manifest error in granting the Judgment Debtor Rule and in denying Mr. Bickham's Rule to Show Cause for sanctions against Mrs. Bickham, since the information sought had already been made available to Mrs. Bickham and the Judgment Debtor Rule was filed merely to harass Mr. Bickham.

DISCUSSION

Judicial Interest

Louisiana Code of Civil Procedure Article 1921 provides that "[t]he court shall award interest in the judgment as prayed for or as provided by law." (Emphasis added). Since the word "shall" in La. C.C.P. art.1921 is mandatory, the court lacks discretion to deny interest if *711 interest is prayed for or provided for by law. La. R.S. 1:3. Judicial interest on child support and spousal support is provided for in La. C.C. art.2000:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Quality Design & Construction, Inc. v. City of Gonzales
146 So. 3d 567 (Louisiana Court of Appeal, 2014)
Lifetime Construction, L.L.C. v. Lake Marina Tower Condominium Ass'n
117 So. 3d 109 (Louisiana Court of Appeal, 2013)
Caldwell ex rel. State v. Janssen Pharmaceutical, Inc.
100 So. 3d 865 (Louisiana Court of Appeal, 2012)
Short v. Short
96 So. 3d 552 (Louisiana Court of Appeal, 2012)
Duplechain v. Jalili
52 So. 3d 1072 (Louisiana Court of Appeal, 2010)
Kenneth Duplechain v. Firooz Jalili
Louisiana Court of Appeal, 2010
Suprun v. Louisiana Farm Bureau Mutual Insurance
40 So. 3d 261 (Louisiana Court of Appeal, 2010)
Sharp v. Sharp
939 So. 2d 418 (Louisiana Court of Appeal, 2006)
Raines v. Columbia Lakeland Medical Center
923 So. 2d 170 (Louisiana Court of Appeal, 2006)
Speight v. Speight
866 So. 2d 344 (Louisiana Court of Appeal, 2004)
Fleming v. HCA Health Serv. of La., Inc.
676 So. 2d 839 (Louisiana Court of Appeal, 1996)
Ellzey v. EMPLOYERS MUT. LIABILITY INS. CO.
388 So. 2d 843 (Louisiana Court of Appeal, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
849 So. 2d 707, 2003 WL 21058023, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bickham-v-bickham-lactapp-2003.