Hansel v. Holyfield

879 So. 2d 888, 2002 La.App. 4 Cir. 2762, 2004 La. App. LEXIS 1844, 2004 WL 1632912
CourtLouisiana Court of Appeal
DecidedJuly 7, 2004
DocketNo. 2002-CA-2762
StatusPublished
Cited by1 cases

This text of 879 So. 2d 888 (Hansel v. Holyfield) 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
Hansel v. Holyfield, 879 So. 2d 888, 2002 La.App. 4 Cir. 2762, 2004 La. App. LEXIS 1844, 2004 WL 1632912 (La. Ct. App. 2004).

Opinion

[.MICHAEL E. KIRBY, Judge.

Plaintiff, Stephen Hansel, appeals the August 30, 2002 trial court judgment denying his motions to reduce his child support obligations, and the pre-trial ruling holding that the issue of his former wife’s employa-bility is res judicata. His former wife, Sarah Holyfield Hansel, answered the appeal, asking that the trial court judgment be upheld, or, alternatively, that the judgment be modified on the issues of her responsibility for 15% of the children’s extraordinary expenses and the retroactivity of the trial court judgment. We affirm the trial court judgment and the pre-trial ruling appealed from for reasons stated below.

The history of this litigation is set forth in this Court’s previous decisions in Hansel v. Holyfield, 2000-0062 (La.App. 4 Cir. 12/27/00), 779 So.2d 939, and Hansel v. Hansel, 2000-1914 (La.App. 4 Cir. 11/21/01), 802 So.2d 875. In the instant matter, Stephen seeks to reduce his child support obligations from the amount originally set by the parties’ consent judgment of April 24, 1997. That judgment and a subsequent amendment ordered Stephen to pay Sarah monthly child support of $11,800.00, and 100% of the two minor children’s private school tuition and related school expenses, medical insurance, child health care costs not covered by insurance, and summer camp fees.

^Stephen previously sought a reduction of his child support obligations in 1998. [890]*890The trial court granted Stephen’s motion to reduce child support, but this Court found that the trial court abused its discretion in granting this reduction, and reinstated the amounts owed under the 1997 consent judgment. See, Hansel v. Hansel, 2000-1914 (La.App. 4 Cir. 11/21/01), 802 So.2d 875.

Since the time that Stephen filed his first motion to reduce child support, the parties have partitioned their community property, which included exercised stock options from Stephen’s former employment with Hibernia National Bank. The net proceeds from the exercise of the stock options alone were approximately $14,000,000.00 for Stephen and $7,000,000.00 for Sarah. Amazingly, the matter currently before us is not about increasing the amount of support for the minor children; it involves a request by Stephen for a reduction in the amounts owed by him for child support even though the amount he currently pays was set prior to his receipt of at least fourteen million additional dollars.

In his current motion to reduce child support, Stephen alleges the following grounds in support thereof: 1) Sarah had a change in financial circumstances in July 2001 when she received approximately $7,000,000 in “investable assets” in their partition of community property; 2) the youngest child reached the age of five, and thus Sarah could seek employment outside of the home; and 3) Stephen’s financial circumstances changed, as he is no longer president and CEO of Hibernia Corporation/Hibernia National Bank and has not been able to find equivalent employment. Stephen argues that he is not seeking to reduce the children’s lifestyle; rather, he seeks to equitably apportion the child support expenses between Sarah and himself.

| aAfter a lengthy trial of this matter, which included six days of testimony from the parties, their accountants and experts in financial planning and investing, the trial court denied Stephen’s motion to reduce his monthly child support obligations, but the court apportioned to Sarah 15% of the tuition and related school expenses, uninsured child health care costs, and summer camp fees. Because these expenses were previously assessed completely to Stephen, the judgment effectively granted relief to Stephen by reducing the overall amount of the children’s expenses for which he is responsible.

Nonetheless, Stephen appealed the August 30, 2002 judgment, arguing that the trial court erred in failing to grant his motion to reduce child support, and in excluding evidence of Sarah’s employability by holding that the issue was res judi-cata. In arguing that the trial court erred in failing to grant his motion to reduce child support, Stephen sets forth the following specific arguments: a) the trial court made a legal error in finding Sarah’s assets to be legally insignificant; b) the court erred in finding Stephen’s assets to be $23,000,000.00; c) the court made a legal error in not requiring Sarah to bear her proportionate share of all the child support expenses, rather than just requiring her to bear a small portion of the expenses of tuition, uninsured medical expenses and camp fees; d) the court made a legal error in failing to allocate the total child support expenses in proportion to the ability of the respective parties to earn income; e) the court made a legal error in denying a reduction on the basis that Stephen could afford to pay the amounts set forth in the original judgment; f) the court made a legal error in allowing Sarah to include, as an expense of the children, the excess cost of her self-chosen ten year mortgage; and g) the court made a legal error by, in effect, ordering Stephen not to [891]*891return to court on the subject of child support for three years.

|4We initially note that the August 30, 2002 trial court judgment simply denied Stephen’s motions to decrease child support and ordered Sarah to assume responsibility for 15% of the children’s tuition, related school expenses, uninsured health care costs and summer camp fees. Most of the factual and legal errors alleged by Stephen are based on statements made by the trial court in its written reasons for judgment. Appeals are taken from the judgment, not the written reasons for judgment. Greater New Orleans Expressway Commission v. Olivier, 2002-2795, p. 3 (La.11/18/03), 860 So.2d 22, 24; Kern v. Kern, 2000-1126 (La.App. 4 Cir. 4/25/01), 786 So.2d 193.

Stephen argues that Sarah’s circumstances have materially changed since the time of the previous award because she has received several million dollars in assets when there was a partition of the community property, which included Hibernia Corporation stock options that were exercised by the parties. Stephen further argues that with at least seven million dollars in “investable assets,” Sarah now has the ability to pay a proportionate share for the children’s support, and Stephen’s share should be reduced by Sarah’s proportionate share.

La. C.C. article 141 states, in pertinent part, as follows:

In a proceeding for divorce or thereafter, the court may order either or both of the parents to provide an interim allowance or final support for a child based on the needs of the child and the ability of the parents to provide support.

The determination of child support is based on the rules set forth in La. R.S. 9:315 et seq. La. R.S. 9:315.2(0, regarding calculation of the basic child support obligation provides as follows:

The parties shall combine the amounts of their adjusted gross incomes. Each party shall then determine by percentage his or her proportionate share of the | ^combined amount. The amount obtained for each party is his or her percentage share of the combined adjusted gross income.

However, La. R.S. 9:315.13(B) states:

If the combined adjusted gross income of the parties exceeds the highest level specified in the schedule contained in R.S.

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Bluebook (online)
879 So. 2d 888, 2002 La.App. 4 Cir. 2762, 2004 La. App. LEXIS 1844, 2004 WL 1632912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hansel-v-holyfield-lactapp-2004.