Frederick v. Buckingham

15 So. 3d 1223, 2009 La. App. LEXIS 1325, 2009 WL 1774828
CourtLouisiana Court of Appeal
DecidedJune 24, 2009
Docket44,458-CA
StatusPublished
Cited by2 cases

This text of 15 So. 3d 1223 (Frederick v. Buckingham) 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
Frederick v. Buckingham, 15 So. 3d 1223, 2009 La. App. LEXIS 1325, 2009 WL 1774828 (La. Ct. App. 2009).

Opinion

CARAWAY, J.

' Lin this case, the father of the infant child appeals the trial court’s determination of the basic child support obligation and its assessment to him of a medical expense for the child. All of the issues raised by appellant concern the discretion of the trial court in insuring the proper support for the child. Finding no abuse of the trial court’s judgment, we affirm.

Facts and Procedural History

Dezeray Frederick (“Frederick”) and Dennis R. Buckingham (“Buckingham”) *1225 are the parents of an infant child, C.D.F., who was born on December 25, 2007. In January 2008, Frederick sought an order designating her as the domiciliary parent and fixing child support. She also requested that Buckingham be ordered to submit to paternity testing as the parties were not married. Frederick also requested that C.D.F. be included on Buckingham’s employer-provided health insurance benefits.

An initial hearing occurred on February 19, 2008. The minute entry stated the following:

Regularly taken up on rule. Plaintiff present with counsel, .... defendant present in proper person. Both parties acknowledged that [Buckingham] is the biological father of the child. DNA testing results filed. By agreement an interim order was issued for [Buckingham] to carry the child on his insurance and pay plaintiff child support in the amount of $400.00 per month. Case continued ... for further proceedings.

The matter was taken up again the following week, on February 26, 2008. Frederick was present with her same counsel. Buckingham was present in proper person. The minute entry stated, “[b]y agreement judgment rendered awarding plaintiff sole custody of the minor child with visitation to the defendant to be decided between the parties. Plaintiff is 12awardecl $300.00 per month child support and he is to maintain medical insurance on the child.”

Almost immediately after the February 26 hearing, Frederick hired different counsel. On March 5, 2008, new counsel enrolled and filed a motion for new trial alleging:

Mover shows that her attorney, in Open Court, reached an agreement with the defendant for him to pay $300.00 per month child support and that Mover did not acquiesce and agree to this amount of child support to be paid by the defendant.

On March 7, the trial court signed an order granting Frederick’s motion for a new trial which set aside the February 26, 2008 consent decree. The present dispute concerns the new trial on the issue of child support.

In presenting her new claim for child support, Frederick described monthly daycare expenses in the amount of $541.00/ month. Interrogatories were propounded to Buckingham concerning his sources of employment and income. Buckingham’s answers to interrogatories indicated that his total monthly income was approximately $3,900.00 per month, and that he had received a “one time $20,000.00 sign on bonus” from the United States Navy. Buckingham was employed by the City of Shreveport as a City Marshal and drove an employer-provided “take-home vehicle.”

Before the trial, Frederick filed a supplemental rule to recover certain sums paid for C.D.F.’s expenses:

First enrollment fee - daycare •$ 25.00
One-half second enrollment fee - daycare 50.00
Paternity test 100.00
One-half cost of circumcision 202.50
One-half co-pay - medical 37.50
TOTAL $415.00

| sThe matter was retried on July 31, 2008. After hearing testimony and receiving the child support obligation worksheet into evidence, the trial court took the matter under advisement. On September 16, 2008, the trial court issued its ruling and written reasons therefor. It found that Buckingham’s monthly income was stipulated to be $3,900.00 per month at trial. Frederick’s monthly income was determined to be $327.00 per month, based on her part-time employment and status as a college student. Therefore, the combined monthly income of the parties was $4,227.00 per month, resulting in a basic child support obligation of $609.70. The trial court also found that Frederick’s child *1226 care costs were $333.67. This amount was added to the basic child support obligation, for a total sum of $943.37. The trial court multiplied this sum by 92.25% (Buckingham’s share of the income) to arrive at Buckingham’s monthly child support obligation of $870.39. Finally, Buckingham was ordered to reimburse Frederick $202.50 for the circumcision of the child and $37.50 for the medical co-payment, representing one-half of the total charges for those medical expenses.

Buckingham appeals the judgment, first urging that the trial court erred in determining Frederick’s income for the purpose of computing the basic child support obligation. In particular, Buckingham argues that the trial court should have valued in the computation of income the “recurring financial gifts” Frederick received from her aunt. 1 In his next assignment, ^Buckingham asserts as error the trial court’s failure to consider his financial support of two other children. Finally, appellant argues that the portion of the judgment ordering him to pay one-half of C.D.F.’s circumcision should be set aside.

Discussion

The trial court is vested with much discretion in fixing awards of child support. The court’s reasonable determinations shall not be disturbed unless there is a clear abuse of discretion. State, Dep’t of Social Services v. Neathery, 39,796 (La.App. 2d Cir.7/29/05), 909 So.2d 40; State, ex rel. Wilson v. Wilson, 37,674 (La.App. 2d Cir.9/24/03), 855 So.2d 913, writ denied, 03-2970 (La.1/16/04), 864 So.2d 633. The child support guidelines (the “Guidelines”) set forth in La. R.S. 9:315, et seq., are to be used in any proceeding to establish or modify child support. La. R.S. 9:315.1(A); Harper v. Harper, 33,452 (La.App. 2d Cir.6/21/00), 764 So.2d 1186.

In contesting the trial court’s determination of Frederick’s income, Buckingham cites two definitions set forth under the Guidelines in La. R.S. 9:315(C). In the definition for “gross income” is included the party’s receipt of “recurring monetary gifts.” La. R.S. 9:315(C)(3)(a). Also, regarding income, “[t]he court may also consider as income the benefits a party derives from expense-sharing.” La. R.S. 9:315(C)(5)(c).

Frederick testified that she had always lived with her aunt and that her aunt and mother had aided her with college expenses. She had over 30 hours of college credit and was enrolled in Bossier Parish Community 1¿College. She stated that her automobile was a gift from her aunt, who had been paying the loan on the vehicle since Frederick was in high school. The other expenses and housing provided by Frederick’s aunt were obviously in aid of Frederick’s needs immediately after the birth of the child and while Frederick was seeking higher education.

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Cite This Page — Counsel Stack

Bluebook (online)
15 So. 3d 1223, 2009 La. App. LEXIS 1325, 2009 WL 1774828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frederick-v-buckingham-lactapp-2009.