Guillot v. Munn

740 So. 2d 205, 1999 WL 507773
CourtLouisiana Court of Appeal
DecidedNovember 5, 1999
Docket97 CA 1431
StatusPublished
Cited by2 cases

This text of 740 So. 2d 205 (Guillot v. Munn) 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
Guillot v. Munn, 740 So. 2d 205, 1999 WL 507773 (La. Ct. App. 1999).

Opinion

740 So.2d 205 (1999)

Lisa Smith Munn GUILLOT
v.
Marion Patrick MUNN, Jr.

No. 97 CA 1431.

Court of Appeal of Louisiana, First Circuit.

June 25, 1999.
Writ Granted November 5, 1999.

*206 W. Michael Stemmans, Baton Rouge, for Appellant Plaintiff Lisa Smith Munn Guillot.

Allen M. Posey, Jr., Baton Rouge, for Appellee Defendant Marion Patrick Munn, Jr.

Before: CARTER, C.J., SHORTESS, FOIL, WHIPPLE and KUHN, JJ.

PER CURIAM.

In this appeal, plaintiff, Lisa Smith Munn Guillot, challenges a judgment of the trial court granting the defendant, Marion Patrick Munn, Jr., a reduction in child support from $640.00 to $474.00 per month, and awarding arrearages together with legal interest. Defendant answered the appeal. On review, we affirm in part, amend in part, and as amended, affirm.

FACTS AND PROCEDURAL HISTORY

Mrs. Guillot and Mr. Munn were divorced by judgment dated October 2, 1991. On November 5, 1993, the parties entered into a stipulated judgment which provided that Mr. Munn would pay Mrs. Guillot $640.00 per month for child support for the two minor children born of their marriage. On June 2, 1994, Mr. Munn filed a rule for decrease in child support, alleging two substantial changes in circumstances as the basis for the modification. A hearing on the rule was held on September 6, 1994, during which the parties stipulated that Mrs. Guillot's day care costs for the children had been reduced from $300.00 per month (the amount used to calculate the original support award) to $90.00 per month. Mr. Munn also asserted that he and his new wife had a child in December, 1993, causing a substantial change in his expenses and warranting a modification.

The trial court found that as a result of those two factors, there had been a substantial change in circumstances sufficient to warrant a recalculation of child support. In recalculating Mr. Munn's support obligation, the trial court gave a credit to Mr. Munn for the support of the child born of his subsequent marriage, subtracting the sum of $446.00 from his monthly income of $2,885.00. The trial court also deviated from the child support guidelines to account for the amount of time the children spend with each parent. By judgment signed October 25, 1994, the court reduced Mr. Munn's child support obligation to $226.00 per month, commencing on September 1, 1994.

Mrs. Guillot appealed, but the trial court's judgment was affirmed by this court in an unpublished opinion dated November 9, 1995. Guillot v. Munn, 95-0546 (La.App. 1 Cir. 11/9/95), 666 So.2d 1351. Mrs. Guillot then sought supervisory writs from the Louisiana Supreme Court, which granted the writ in part. In a per curium opinion dated June 21, 1996, the Supreme Court stated:

The trial court erred in failing to give specific reasons detailing the facts and circumstances warranting a deviation from the child support guidelines. A deviation may be allowed where the application of the guidelines would not be *207 in the best interest of the child or would be inequitable to the parties. La. R.S. 9:315.1(B). Section (C)(2) does allow the trial court to consider, in determining whether to deviate from the guidelines, the legal obligation of a party to support dependents who are not the subject of the action before the court and who are in that party's household. A deviation pursuant to this provision, however, must be supported by an evidentiary basis. In this case, no evidence was introduced as to the expenses incurred in supporting the child born to Mr. Munn's subsequent marriage nor the extent to which his present wife contributes to the support of that child.
Further, the trial court erred in calculating the parties' monthly adjusted gross income. The court reduced Mr. Munn's monthly gross income by $446.00, the guidelines' support obligation for one child based on a monthly income of $2,885.00, as a "credit" for supporting the child born of his subsequent marriage. "Adjusted gross income," as used in the guidelines, means gross income, minus amounts for preexisting child support or spousal support obligations paid to another who is not a party to the proceedings, or on behalf of a child who is not a subject of the action of the court. La. R.S. 9:315. The record reflects that Mr. Munn has no preexisting child support obligation relative to this child.

Guillot v. Munn, 96-0620 (La.6/21/96); 676 So.2d 86. Accordingly, the court granted the writ in part, reversed this court's judgment, vacated the trial court judgment, and remanded the case to the trial court for a recalculation of the child support obligation consistent with its judgment. Otherwise, the writ application was denied.

On remand, the trial court did not receive any additional evidence. On January 24, 1997, it rendered amended reasons for judgment wherein the court recalculated Mr. Munn's support obligation at $474.00 per month. The court also awarded Mrs. Guillot $2,456.00 in arrearages caused by the court's prior miscalculation. On February 12, 1997, the trial court issued second amended reasons for judgment, wherein the court revisited the matter at the request of both parties. It awarded legal interest on the arrearages commencing on the date of the Supreme Court's opinion, June 21, 1996. Further, the court ruled that each party would bear their own costs. Finally, the court specified that the recalculated support obligation of $474.00 would commence on February 1, 1997. The court's findings were later incorporated into a judgment which was signed on March 11, 1997. From that judgment, Mrs. Guillot filed the instant appeal, and Mr. Munn answered the appeal.

Originally, this case was heard before a regular three-judge panel. The members of that panel could not agree on a disposition of the case. Therefore, the present five-judge panel was selected to hear the case. The members of this panel could not agree on a disposition, and on January 14, 1999, handed down a per curiam decision affirming the trial court. From that decision, Mrs. Guillot applied for writs to the Louisiana Supreme Court. The writ was granted and the case was remanded to this court. The Supreme Court stated:

Accordingly, the court of appeal's judgment is vacated in full and this case is remanded to the court of appeal. It is ordered that the panel of that court render judgment, by majority vote, on all issues in the case, whether by single vote, by separate vote on each issue, or by a per curiam of the court with members expressing their concurrence or dissent separately.

Guillot v. Munn, 99-0273 (La.4/23/99); 734 So.2d 613. In compliance with that order, this court hands down this per curiam opinion, with the individual judges attaching their own opinions as to how the case should have been decided, if any desire to do so.

There are five issues in dispute in this case. Each of them will be discussed below, *208 with a statement of the majority view of the panel, which will be the judgment of the court on each issue.

(1) CALCULATION OF CHILD SUPPORT OBLIGATION

On remand, the trial court recalculated the child support obligation as follows. It used the entire amount of Mr. Munn's gross income of $2,885.00, rather than reducing that amount by a credit of $446.00 for the maintenance and support of the child born of his subsequent marriage. Mrs. Guillot's income was fixed at $2,046.00, which results in a combined gross income of $4,931.00. Extrapolating from the guidelines, the basic child support obligation is $1,068.00.

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Cite This Page — Counsel Stack

Bluebook (online)
740 So. 2d 205, 1999 WL 507773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guillot-v-munn-lactapp-1999.