Falterman v. Falterman

702 So. 2d 781, 1997 WL 618865
CourtLouisiana Court of Appeal
DecidedOctober 8, 1997
Docket97-192
StatusPublished
Cited by19 cases

This text of 702 So. 2d 781 (Falterman v. Falterman) 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
Falterman v. Falterman, 702 So. 2d 781, 1997 WL 618865 (La. Ct. App. 1997).

Opinion

702 So.2d 781 (1997)

James Bonin FALTERMAN, Jr., Plaintiff-Appellant,
v.
Leesa Ann Billodeau FALTERMAN, Defendant-Appellee.

No. 97-192.

Court of Appeal of Louisiana, Third Circuit.

October 8, 1997.
Rehearing Denied December 8, 1997.

James Nathan Prather, Jr., Lafayette, for James Bonin Falterman, Jr., et al.

Michael W. Campbell, Lafayette, for Leesa Ann B. Falterman.

*782 Before DOUCET, C.J., and DECUIR and AMY, JJ.

AMY, Judge.

Both the plaintiff, James Falterman, Jr., and the defendant, Leesa Billodeau Falterman, appeal from the district court's judgment establishing James' monthly child support obligation. For the following reasons, we affirm.

DISCUSSION OF THE RECORD

Leesa and James were married June 18, 1982. During their marriage four children were born, James, III, Kathryn, Nicholas, and Corrine. On September 9, 1993, James, having left the matrimonial domicile on or about February 8, 1993, filed for a divorce under La.Civ.Code art. 103. A final divorce was granted September 17, 1993.

On June 13, 1995, James filed a "Rule for Custody and Child Support" and, on August 2, 1995, Leesa filed a "Rule to Judicially Set Child Support." A hearing on both rules was scheduled for August 21, 1995. However, without reaching the merits of the individual rules, the parties entered into the record a non-prejudicial stipulation establishing child custody and support until a full hearing could be held. This stipulation provided that: (1) the parties would have joint custody of the children wherein the domiciliary parent would be the parent with physical custody at that time; (2) James was to have physical custody of the children, every Friday afternoon through Sunday morning during the school year, every Sunday to Friday during the summer months and two weeks uninterrupted during the summer; (3) Leesa and James would alternate major holidays and each child's birthday; and, (4) "until a hearing for the support comes up or ... it [is] resolved by the Court ..., [James] will continue to pay the current support ..." amount of $4,200.00 per month.[1]

On December 21, 1995, Leesa moved to have her rule to judicially fix child support "dismissed with full prejudice." Subsequent thereto, James adjusted the amount of child support he paid directly to Leesa to an average payment of $1,000.00 per month for the period from January 1996 through June 1996. However, the trial court, finding that the non-prejudicial stipulation as to support payments "survived the dismissal of the rule[,]" ordered James to continue paying $4,200.00 per month, the amount stipulated to by the parties, with credit given for expenses paid by him. This amount was to be paid by James until a judicial determination could be made concerning the appropriate amount of his child support obligation.

Accordingly, on May 21, 1996, James filed a motion to refix his rule to fix child support originally filed on June 13, 1995. A hearing was held to determine James' child support obligation on July 17, 1996. The trial court found the children's monthly expenses to be $6,379.00 per month and ordered James, who earns ninety-five percent of their combined adjusted gross income of approximately $33,500.00 per month, to pay $4,430.00 per month directly to Leesa, as well as paying for all necessary tutoring to the appropriate payee and $179.00 for medical insurance.

James appeals from that judgment and asserts that the trial court erred in: (1) awarding an amount without basis in the evidence or without stating reasons for awarding said amount; (2) granting and subsequently amending an award of child support that is excessive based on the evidence presented; (3) failing to grant him, a co-domiciliary parent who has custody of the children 40% of the time, a credit for the period of time the children are in his care; and, (4) failing to make the child support award retroactive to the date of filing this action by James. Leesa also appeals, alleging that the child support obligation set by the trial court was abusively low.

LAW

CHILD SUPPORT OBLIGATION

In his first two assignments of error, James contends that the amount of child *783 support awarded by the trial court was excessive because it was not supported by the evidence and no reasons were given for an award above that proven to be necessary by the documentary evidence. Leesa also appeals from the trial court's award of child support; however, she contends that the trial court's award is abusively low.

La.R.S. 9:315.10(B) provides that, where the parties' monthly combined adjusted gross income exceeds $10,000.00, "the court shall use its discretion in setting the amount of the basic child support obligation, but in no event shall it be less than the highest amount set forth in the schedule." And, attached to this statutorily guaranteed discretion, the trial court's judgment in such matters will not be disturbed in the absence of a showing of an abuse of discretion. Krampe v. Krampe, 625 So.2d 383 (La.App. 3 Cir.1993), writ denied, 93-2763 (La.1/7/94); 630 So.2d 781. Furthermore, when setting the amount of child support to be paid by a parent, the court strives to maintain the lifestyle of the child, when possible, while considering the child's reasonably proven expenses and the parent's ability to provide. See Montet v. Montet, 629 So.2d 538 (La. App. 3 Cir.1993); Krampe, 625 So.2d 383 (Domengeaux, C.J., concurring); Hargett v. Hargett, 544 So.2d 705 (La.App. 3 Cir.), writ denied, 548 So.2d 1235 (La.1989).

The jurisprudence in our state consistently has recognized that there is "no universal mathematical formula" for calculating the amount of child support to be paid where the parties' combined adjusted income exceeds the child support guidelines contained in La.R.S. 9:315.14. Serrate v. Serrate, 96-1545, p. 7 (La.App. 1 Cir. 12/20/96); 684 So.2d 1128, 1133. However, this court has held that simple extrapolation of the guidelines, without considering the child's needs, is not an acceptable method. Preis v. Preis, 93-569 (La.App. 3 Cir. 2/2/94); 631 So.2d 1349 (rejecting Aguilar v. Wilson, 613 So.2d 228 (La.App. 1 Cir.1992), writ denied, 614 So.2d 66 (La.1993)). In Preis, this court stated:

The support for a child or children of a more affluent lifestyle, as in this case, is a concern for the courts to address on a case by case method. We find by simply extrapolating from the guidelines without concern and discretion by the court in balancing the needs and lifestyle of the child or children, could lead to excessive child support awards.

Id. at p. 12; 631 So.2d at 1356. A trial court must consider the totality of circumstances present in each case and formulate an award of child support accordingly. Rosenbloom v. Rosenbloom, 94-1762 (La.App. 4 Cir. 4/26/95); 654 So.2d 877, writ denied, 95-1320 (La.9/1/95); 658 So.2d 1266. While this court has recognized that some evidentiary proof of the children's needs is necessary, a trial court is not limited to an award of that amount. See Hector v. Raymond, 96-972 (La.App. 3 Cir. 4/2/97); 692 So.2d 1284, writ denied, 97-1134 (La.6/13/97); 695 So.2d 978; Preis, 93-569; 631 So.2d 1349. In Hector, this court affirmed a child support award where the mother did not present evidence of her child's needs in the amount of the support award. Hector, 96-972; 692 So.2d 1284.

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