DEPT. OF SOC. SERVS. EX REL. CLARK v. Ruiz

898 So. 2d 514
CourtLouisiana Court of Appeal
DecidedFebruary 15, 2005
Docket04-CA-1064
StatusPublished
Cited by1 cases

This text of 898 So. 2d 514 (DEPT. OF SOC. SERVS. EX REL. CLARK v. Ruiz) 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
DEPT. OF SOC. SERVS. EX REL. CLARK v. Ruiz, 898 So. 2d 514 (La. Ct. App. 2005).

Opinion

898 So.2d 514 (2005)

STATE of Louisiana, DEPARTMENT OF SOCIAL SERVICES in the Interest of Jeanie CLARK
v.
Reymundo Ramos RUIZ.

No. 04-CA-1064.

Court of Appeal of Louisiana, Fifth Circuit.

February 15, 2005.

*516 Lee W. Rand, New Orleans, LA, for Plaintiff/Appellant, Jeanie Clark.

Panel composed of Judges EDWARD A. DUFRESNE, JR., SOL GOTHARD, and SUSAN M. CHEHARDY.

SUSAN M. CHEHARDY, Judge.

In this matter, the trial judge granted Jeanie Clark's request for an increase in child support for her daughter, Amanda Clark. On appeal, Jeanie Clark seeks a further increase in child support from Amanda's father, Reymundo Ruiz. For the following reasons, we affirm the trial court judgment in part, vacate in part, and remand for further proceedings.

On June 1, 1989, Amanda Clark was born to Jeanie Clark("Clark") and Reymundo Ruiz("Ruiz"). In a divorce decree rendered on June 13, 1994, Ruiz agreed that Clark would have "sole legal and physical custody" of Amanda and that he would get visitation with Amanda one weekend per month. Ruiz was ordered to pay child support of $50.00 per week and one-half of the medical-insurance premium and deductible for Amanda.

On November 29, 2001, Clark and Ruiz consented to a change in domiciliary status, in which the parties agreed to joint custody with Ruiz as domiciliary parent for the school year and Clark as the domiciliary parent for the summer months. The record of that agreement indicates that the "interim living arrangement" would last until June 30, 2002.[1] Lastly, the parties agreed that Ruiz would not owe child support during the months that Amanda lived with him.

On November 13, 2003, in light of the fact that the Louisiana Department of Social Services was providing Jeanie Clark with support enforcement services, the Jefferson Parish District Attorney's Office filed an ex parte motion to change the payee on the child support order to the Louisiana Department of Social Services and transfer the child support order to the *517 Juvenile Court for the Parish of Jefferson, which the trial judge granted. On February 13, 2004, the State of Louisiana, Department of Social Services filed a Rule to Increase Child Support on the basis that the needs of the child have increased. The hearing was set for March 15, 2004 before a hearing officer.

On March 15, 2004, pursuant to an order from the Juvenile Court, both parties presented W-2's for 2003. Clark's W-2 revealed a yearly gross income of $12,000.00, or approximately $1,000.00 per month. Ruiz's W-2 revealed a yearly gross income of $28,320.00, or approximately $2,360.00 per month. Further, Ruiz presented Amanda's school record reflecting her enrollment in the seventh grade in Houston beginning December 10, 2001 through the completion of eighth grade and promotion to ninth grade in 2003. Ruiz also presented his W-2's from 2002 and 2003, which reflected that child support totaling $2,400.00 had been deducted pursuant to a wage assignment from his paychecks. Neither party presented federal or state income tax returns for either 2002 or 2003.

On March 15, 2004, after reviewing the parties' financial information, the Department of Social Services recommended that support be increased and set for $355.00 per month. Clark disagreed with the award recommendation and requested a hearing.

At the March 15, 2004 conference with the hearing officer, Clark argued that the increase was not sufficient to "raise a teenager." Clark stated that Amanda would like to have a cellular telephone and take dance classes but Clark cannot afford those expenses. Clark stated that her "baby's father," who makes $50,000.00 per year pays $500.00 per month in child support. Clark further argued that Ruiz's current wife "writes the Houston Chronicles" and is paying "all of [the Ruiz's] bills."

At the hearing, Ruiz stated that Amanda was one of four people currently covered by his family's health insurance through his current wife's employer. He testified that the premium is $269.00 per month. The hearing officer then calculated the premium for Amanda as one-quarter of the total or $67.25. Importantly, Ruiz agreed during the hearing to continue paying Amanda's entire health insurance premium and agreed to pay increased child support of $355.00 per month. Ruiz did request a credit for the child support that was deducted from his wages during 2002 when Amanda resided with him. Finally, Ruiz admitted that, as of the date of the hearing, he was in arrears on his child support obligation at least $1,400.00.

That day, the hearing officer found that Ruiz was not underemployed, declined to consider expense sharing in this case, and re-calculated the child support obligation to include a credit to Ruiz for paying Amanda's entire insurance premium. The record contains a print-out of a child support obligation worksheet, which reflects the hearing officer's calculation of Ruiz's child support, including court costs, as $350.69.

Clark again disagreed with the recommendation and sought a hearing with the Juvenile Court judge. During that hearing, the prosecutor stated that Department of Social Services and the hearing officer recommended that support be set at $355.00 per month. Clark reiterated the arguments that she had made before the hearing officer. After reviewing the parties' financial situation, Judge Konrad accepted the hearing officer's recommendation.

That same day, Judge Keller signed an order that the hearing officer's recommendations be made the order of the Juvenile *518 Court. We note that the hearing officer's "Family Support Order Recommendation," which was made the order of the Juvenile Court and appears in the record, is inconsistent with the evidence presented at the hearing and on appeal.

According to the "Family Support Order Recommendation" found in the record, the hearing officer agreed that child support should be increased but found that Ruiz should be credited $4,808.00, including $2,808.00 for "the time the child resided with ... him during the 2001-02 and 2002-03 school years" and $2,000.00 in "child support withheld from his check in 2000 while the child resided with him in Texas." The hearing officer further found that, as of March 15, 2004, Ruiz's overpayment was $3,258.00. There is no reference to the amount of the arrearage that Ruiz admits as of that date or of a calculation of the actual amount of arrearage on that date. Further, the document reflects that the "hearing officer recommends an increase to $233.99 + cc/mo."

On appeal, Clark raises seven assignments of error: first, the trial court erred in adopting the recommendation of the Hearing Officer relating to the amount by which monthly child support should be increased; second, the trial court erred in adopting the recommendation of the Hearing Officer that Reymundo Ruiz be granted a monthly credit in the calculation of child support in the amount of $67.25 for the alleged cost of health insurance for the minor child; third, the trial court erred in adopting the recommendation of the Hearing Officer as relates to the increased amount of child support which deviated from the guidelines set forth in La. R.S.

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Bluebook (online)
898 So. 2d 514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dept-of-soc-servs-ex-rel-clark-v-ruiz-lactapp-2005.