Carmichael v. Brooks

194 So. 3d 832, 16 La.App. 3 Cir. 93, 2016 La. App. LEXIS 1231, 2016 WL 3417770
CourtLouisiana Court of Appeal
DecidedJune 22, 2016
DocketNo. 16-93
StatusPublished
Cited by1 cases

This text of 194 So. 3d 832 (Carmichael v. Brooks) 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
Carmichael v. Brooks, 194 So. 3d 832, 16 La.App. 3 Cir. 93, 2016 La. App. LEXIS 1231, 2016 WL 3417770 (La. Ct. App. 2016).

Opinion

GENOVESE, Judge.

Iiln this action to partition their community property, both Plaintiff, Heather Lynn Carmichael, and Defendant, Ray Bradley Brooks, appeal the trial court’s [835]*835judgment dividing their community property. For the following reasons, we affirm as amended in part, reverse in part, vacate in part, render, and remand.

FACTS AND PROCEDURAL HISTORY

Heather and Ray were married on June 23, 2000. Heather filed a petition for divorce on February 24, 2011;1 thereafter, the parties reconciled, and the petition was abandoned. A second petition for divorce was filed on February 13, 2012,2 and a final judgment of divorce was rendered September 14, 2012. The ancillary partition of community property was tried on June 30, 2015, and the trial court rendered Reasons for Judgment on July 1, 2015. A concomitant Judgment of Partition was signed on November 23, 2015. From said judgment, Ray appeals and Heather has answered the appeal.

ASSIGNMENTS OF ERROR

Ray presents the following assignments of error for our review:

1. The [tjrial [cjourt committed manifest and reversible error when it applied La.R.S. 9:2801.1 to require [Ray] to pay [Heather] $22,000.00 as an equitable assessment against his [s]ocial [s]ecurity.benefits where no equitable arguments or evidence was adduced to justify the award.
2. The trial court commited legal, manifest error when it applied La.R.S. • 9:2801.1 to award [Heather] an offset against [Ray’s] [s]ocial [security benefits without proof of community. |¾3. The [t]rial [c]ourt committed manifest, reversible error when it assessed a $22,000.00 [s]ocial [s]ecu-rity offset in favor of [Heather] relying on vague and unreliable expert- testimony.
4. The [t]rial [c]ourt’s ruling as applied to [Ray] result[s] in manifest, reversible error and is pre-empted by the Supremacy Clause of the U.S. Constitution, art. VI, cl. 2, in that his duplicative, inequitable award of [s]6cial [s]eeurity benefits does major damage to clear and substantial federal interests.
5. The Judgment of Partition executed ' by [Heather] and signed by the trial court [is]-vague, ambiguous and incomplete where it fails to itemize and clearly identify those items and allocated sums to support the ultimate calculation establishing that [Heather] owes $1[,]126'.70 to [Ray].

Additionally, Heather presents the following assignments of error for our review: _

1. The trial court did not- apply the ' correct law and/or committed manifest error in determining ,a rental value on the parties’ former community home when there was no valid claim for rent and where no expert or other competent evidence was introduced to testablish such value, effectively preventing [Heather] from any meaningful cross-examination of this issue. -
2. The trial court did not apply -the correct law and/or committed máni-fest error by ignoring the stipulations of the parties, which placed values on the “unclaimed items,” and by providing its own value of said items.
[836]*8363. The trial court did not apply the correct law and/or committed manifest error by determining that [Heather], had to account, for and ■ reimburse [Ray] for sums she withdrew out of a community account approximately one-half year prior to the petition for divorce being filed, as well as incorrectly calculating any amount due [Ray] even if [Heather] had ,tO' reimburse him. ■
4. The [trial] court awarded [Ray] a one-half interest in the- Edward ■ Jones. IRA, account number XXX-X6515-1-3, in the absence of any .evidence or stipulation and without granting to [Heather] an equal share , of that account.

J¿AW AND DISCUSSION

RAY BRADLEY BROOKS’ APPEAL

The trial court, after considering the evidence, including expert witness testimony, concluded that the average amount of Ray’s social security benefits would be $44,000.00. Pursuant to La.R.S. 9:2801.1, the trial court granted Heather a credit of $22,000.00, representing one-half of this amount. In his first four assignments of error, Ray contends this award, and the amount thereof, constitute errors on the part of the trial court. For the reasons that-follow, we find no abuse of the trial court’s discretion in making the award or the valuation thereof.3 Bhati v. Bhati, 09-1030 (La.App. 3 Cir. 3/10/10), 32 So.3d 1107; Comeaux v. Comeaux, 08-1330 (La. App. 3 Cir. 4/1/09), 7 So.3d 110.

“The determination whether a former spouse’s social security benefits are community property is preempted by federal law. U.S. Const, art. VI, cl. 2; 42 U.S.C. § 407 (2002);[4] and Young v. Young, 06-77 (La.App. 3 Cir. 5/31/06), 931 So.2d 541.” Comeaux, 7 So.3d at 113. However, in actions for the partition of community property in Louisiana, the provisions of federal law must be considered m conjunction ' with state law, La.R.S. 9:2801.1, which provides as follows:

When federal law or the provisions of a statutory pension or retirement plan, state or federal, preempt or preclude community classification of property that would have been classified as community property under the principles of the Civil Code, the spouse of the person entitled to such property shall be allocated or assigned the ownership of community property equal in value to such property prior to the division of the rest of the community property. Neverthe[837]*837less, if such property consists of a spouse’s right to receive social security ■ benefits or the benefits themselves, then the court in its discretion may allocate or assign other community property equal in value to the other spouse. ■

Therefore,' although federal law preempts the classification of property pursuant to La.R.S. 9:2801.1, “a trial court is granted discretion to choose whether to award a spouse additional community assets as compensation for the right, to receive social security benefits, or the benefits themselves, of the other spouse when those benefits would otherwise be classified as community property but for federal preemption.” Bhati 32 So.3d at 1111.

Ray contends on appeal that the trial court’s award granting Heather an offset of his social security benefits is inequitable. On this issue, both parties refer this court to the relatively few appellate decisions addressing the application of La.R.S. 9:2801.1 in support of their respective positions. ■ In the prior' decisions of this court recognizing the discretion expressly given to the trial court by statute, we have not found an abuse of discretion by the trial court in declining to “allocate or assign other community property equal in value to the other spouse[;]” nor, conversely, in exercising its discretion and making such an allocation as was done I fin the case at bar. Id. (See for example, Comeaux, 7 So.3d 110, wherein we affirmed a trial court’s award of community property in an amount equal in value to social security benefits of the other spouse; Bhati 32 So.3d 1107, wherein we affirmed the trial court’s decision denying the wife compensation for her husband’s social security benefits; and, Williams v.

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

Related

Noel W. Yates v. Lisa J. Yates
Louisiana Court of Appeal, 2023
Carver v. Carver
243 So. 3d 1066 (Louisiana Court of Appeal, 2018)
Ricky A. Carver v. Pamela Ann Sumler Carver
Louisiana Court of Appeal, 2018

Cite This Page — Counsel Stack

Bluebook (online)
194 So. 3d 832, 16 La.App. 3 Cir. 93, 2016 La. App. LEXIS 1231, 2016 WL 3417770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carmichael-v-brooks-lactapp-2016.