Harper v. Harper

764 So. 2d 1186, 2000 WL 792423
CourtLouisiana Court of Appeal
DecidedJune 21, 2000
Docket33,452-CA
StatusPublished
Cited by18 cases

This text of 764 So. 2d 1186 (Harper v. Harper) 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
Harper v. Harper, 764 So. 2d 1186, 2000 WL 792423 (La. Ct. App. 2000).

Opinion

764 So.2d 1186 (2000)

Joey L. HARPER, Plaintiff-appellant,
v.
Michelle C. HARPER, Defendant-appellee.

No. 33,452-CA.

Court of Appeal of Louisiana, Second Circuit.

June 21, 2000.

*1187 Chris L. Bowman, Jonesboro, Counsel for Appellant.

Dee A. Hawthorne, Natchitoches, Counsel for Appellee.

Before CARAWAY, KOSTELKA and CRIGLER (Pro Tempore), JJ.

CARAWAY, J.

In this child custody and support matter, the trial court granted sole custody of the minor child to the mother, with only supervised visitation granted to the father. The trial court also ordered the father of the minor child to pay $795 per month in child support. From these rulings, the father appealed. Finding no merit to the father's assignments of error, we affirm.

Facts

Joey and Michelle Harper were married on December 6, 1996. The parties separated, however, only a couple of months after the marriage. When Joey and Michelle separated, Michelle was pregnant. Their son, Christopher, was born on November 3, 1997.

This matter was first brought to the trial court on a petition for divorce by Joey, wherein Joey disavowed paternity of the then unborn child. Later blood tests proved that Joey was, in fact, Christopher's biological father, and Joey then amended his petition for divorce acknowledging Christopher as his child. In his amended petition for divorce, Joey also requested custody of Christopher, as well as child support.

The custody and support disputes were heard by the trial court in February and April, 1999. The evidence showed that Joey had established no relationship with Christopher since the child's birth and that he had exhibited abusive actions toward his prior wife and children. By judgment signed on April 21, 1999, the trial court awarded sole custody of Christopher to Michelle, with only the right of supervised visitation to Joey. Also, the trial court ordered Joey to pay child support in the amount of $795 per month. Joey brings this appeal and assigns three assignments of error.

Child Support

Joey first complains that the trial court did not follow the child support guidelines when it ordered him to pay $795 per month for child support. He claims that the evidence adduced at trial shows that the child support guidelines were not followed, and that the trial court failed to give oral or written reasons why it deviated from the guidelines. Joey's main complaint stems from a comment by the trial court when giving the oral reasons for judgment. The court stated: "And there is no—the work sheet you see nothing wrong with it, Mr. White? I mean it's unfortunate that there's no deductions of any kind herein ..." Joey interprets this statement to mean that the trial court relied on "flawed income data" when determining the child support award. We disagree with Joey's interpretation of the trial *1188 court's statements, and hold that the trial court did not err.

Fathers and mothers, by the very act of marrying, contract together the obligation of supporting, maintaining, and educating their children. La. C.C. art. 227. Both parents are obligated to contribute to the support of children. Schelldorf v. Schelldorf, 568 So.2d 168 (La.App. 2d Cir.1990); Osborne v. Osborne, 512 So.2d 645 (La.App. 2d Cir.1987). 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. La. C.C. art. 141. When reviewing an award of child support, an appellate court will not overturn the trial court's factual determinations unless, in light of the record taken as a whole, they are manifestly erroneous or clearly wrong. Havener v. Havener, 29,785 (La. App.2d Cir.8/20/97), 700 So.2d 533.

The child support guidelines are set forth in La. R.S. 9:315, et seq., and are to be used in any proceeding to establish or modify child support. According to La. R.S. 9:315.2(A), each party shall provide the court with a verified income statement showing gross income and adjusted gross income, together with documentation of current and past earnings. From this evidence, the parties shall combine the amount of their adjusted gross incomes, and each party shall then determine by percentage his or her proportionate share of the combined amount. La. R.S. 9:315.2(C). The court shall then determine the basic child support obligation amount from the statutory schedule using the combined adjusted gross income of the parties. La. R.S. 9:315.2(D).

Here, Michelle's counsel admitted into evidence the child support worksheet, along with a copy of Joey's 1998 W-2 form. Joey's W-2 shows that he earned $71,986.67 in 1998, or $5,998.00 per month. The worksheet did not show any earned income on Michelle's part. However, since Michelle is caring for a child of the marriage that is under the age of five, Michelle is not required to work outside the home. La. R.S. 9:315.9. Joey did not submit to the court his own verified income statement, nor did he object to the one Michelle submitted. Joey did not challenge the income figures used on the income worksheet, and testified that his income was the same as the amount listed on his 1998 W-2.

The information used on the child support worksheet was taken directly from Joey's 1998 W-2, and the information was properly applied to the child support guidelines. The trial court did not deviate from the guidelines.

Regarding Joey's claim that the trial court acknowledged an inaccuracy in the worksheet, we hold that his interpretation of the transcript is flawed. In its oral reasons, the trial court was not acknowledging any error; it simply asked Joey's attorney whether there was anything wrong with the worksheet. Counsel verified that nothing was wrong. The income information was never questioned nor challenged during the trial. The court simply commented on the fact that it was unfortunate for Joey that there were no deductions, and that he'd have to bear all of the basic child support obligation.

Furthermore, it was not improper for the court to order Joey to carry health and hospitalization insurance in addition to his monthly support obligation. La. R.S. 9:3154.[1] Joey's assignment of error is *1189 without merit; therefore, the judgment ordering Joey to pay $795 per month in child support is affirmed.

Sole Custody Award

Joey next argues that the trial court committed error in awarding sole custody of Christopher to Michelle. More specifically, Joey points us to the following colloquy from the April 8, 1999 trial transcript:

BY THE COURT: ... I suppose sole custody is what you would want, Mrs. Hawthorn, and of course you would want joint custody or does in matter, Mr. White?

BY MR. WHITE: Well, joint custody is a term of art, Your Honor, as you well know but I would think that we would certainly prefer joint custody.

BY THE COURT: I guess the only difference I really know is the fact that you could have some say in the education of the child and so forth, tutorship would be the number one at this point. But I would say at this point since you don't even know the child, that it's sole custody would be the preferred way and I hate to do that because one year from now, if everything is going fine, joint custody would be the desirable trait but I think sole custody would be what we need at this point. Visitation being the number one problem ...

Essentially, Joey argues that Michelle failed to overcome the presumption of joint custody.

La. C.C. arts.

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Cite This Page — Counsel Stack

Bluebook (online)
764 So. 2d 1186, 2000 WL 792423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harper-v-harper-lactapp-2000.