Hudnall v. Hudnall

808 So. 2d 641, 2000 La.App. 1 Cir. 0330
CourtLouisiana Court of Appeal
DecidedMay 11, 2001
Docket2000 CA 0330
StatusPublished
Cited by9 cases

This text of 808 So. 2d 641 (Hudnall v. Hudnall) 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
Hudnall v. Hudnall, 808 So. 2d 641, 2000 La.App. 1 Cir. 0330 (La. Ct. App. 2001).

Opinion

808 So.2d 641 (2001)

Dianne W. HUDNALL
v.
Hadley HUDNALL.

No. 2000 CA 0330.

Court of Appeal of Louisiana, First Circuit.

May 11, 2001.

*642 Mark D. Plaisance, Baker, LA, Charlene Charlet Day, Zachary, LA, for plaintiff-appellee Dianne W. Hudnall.

Lorna M. Brasseaux, Baton Rouge, LA, for defendant-appellant Hadley Hudnall.

BEFORE: GONZALES and PETTIGREW, JJ., and SEXTON,[1] J. Pro Tem.

PETTIGREW, J.

This is an appeal from a judgment by the trial court ordering the defendant to pay $1,246.00 a month in child support for his minor child and $3,804.00 to the Social Security Administration for an overpayment of benefits to the minor child. For the following reasons, we affirm in part, reverse in part, and remand.

FACTS AND PROCEDURAL HISTORY

Dianne W. Hudnall and Hadley Hudnall were married on April 9, 1983, in Clinton, Louisiana. The parties separated in July of 1988. At the time of the separation, Dianne was pregnant for Taylor C. Hudnall, who was subsequently born on January 18, 1989. A judgment of divorce was rendered on April 27, 1989. According to the record, the divorce judgment did not provide for child support, but did require Hadley to carry health insurance for Taylor.

On March 27, 1997, the divorce judgment was amended to provide for the custody and support of Taylor. Dianne was granted permanent care, custody, and control of Taylor subject to reasonable visitation by Hadley. Further, Hadley was ordered to pay monthly child support in the amount of $600.00 for a period of six months, and thereafter in the sum of $500.00 per month. Hadley was also ordered to bear responsibility for one-half of the cost of medical insurance in the event that Medicaid coverage for Taylor was ever terminated.

Subsequently, on September 24, 1998, Dianne petitioned the court for an increase in child support because of a change in circumstances. Dianne detailed this "change in circumstances" as follows:

1) HADLEY HUDNALL'S income has substantially increased, and the expenses of DIANNE W. HUDNALL and the minor child, TAYLOR C. HUDNALL, have increased.
*643 2) Due to the child's need for extraordinary medical treatment in that on October 23, 1997, surgery on the child's foot was required to aid her in walking. This surgery resulted in her not attending school from the end of October until the middle of January. Because the child was not attending school, she needed a full time sitter. Due to the child's handicap, a certified nurse's assistant who knows sign language was hired for babysitting. This sitter cost approximately $200.00 to $220.00 per week.
3) Due to the fact that DIANNE W. HUDNALL has a full time job, a certified sitter is needed for the twenty-six (26) days of holidays during the school year at $45.00 per day for a total cost of $1,170.00 per school year.
4) There are one hundred thirty six (136) days of after school care for a total cost of $1,700.00. This one hundred thirty six (136) day estimate of after school care does [take] into account the fact that HADLEY HUDNALL does customarily care for the child on Wednesday afternoon of each week.
5) Due to the child's physical handicaps, additional surgery will soon be required which will result in additional costs.
6) The medical card was forfeited and mover shows that she is being required to repay more than $4,896.99 for an overpayment of Supplemental Security Income payments paid in error to Taylor
C. Hudnall. Initially, this balance was over $5,000.00, but payments of $49.40 were deducted from the $223.00 benefit check received by Taylor C. Hudnall. At this point, all benefits have been lost. DIANNE HUDNALL has had to provide Blue Cross insurance for the cost of $177.00 monthly.

The matter proceeded to hearing on September 15, 1999, at which time the court heard from the parties and other witnesses. Thereafter, the court rendered a written opinion on September 30, 1999, and a judgment on October 28, 1999, wherein the court increased Hadley's monthly support obligation from $500.00 to $1,246.00. The court further ordered Hadley to pay his proportionate share of all extraordinary medical expenses incurred on behalf of Taylor and his proportionate share ($3,804.00) of the social security overpayment.[2]

It is from this judgment that Hadley has appealed, assigning the following specifications of error:

1. The trial court erred in modifying the child support obligation in that Dianne failed to establish a change in circumstances.
2. The trial court erred in finding that [Hadley's] gross monthly income was $9,293.00.
3. The trial court erred in using a percentage of the gross receipts of one of [Hadley's] corporations as [Hadley's] gross income.
4. The trial court erred in finding that H & R Development had $14,598.00 in income for 1997.
5. The trial court erred in finding that [Hadley] received a monthly income from H & R Development in the amount of $677.00.
6. The trial court erred in setting the amount of the child support award.
*644 7. The trial court erred in finding [Hadley] liable for the reimbursement to Social Security.

MODIFICATION OF CHILD SUPPORT: CHANGE OF CIRCUMSTANCES

Louisiana Civil Code article 142 provides for modification of a child support award upon a showing of a change in circumstances of either the parent or the child. Further, La.R.S. 9:311(A) provides, "An award for support shall not be reduced or increased unless the party seeking the reduction or increase shows a change in circumstances of one of the parties between the time of the previous award and the time of the motion for modification of the award."

As recently clarified by the supreme court in Stogner v. Stogner, 98-3044, pp. 11-12 (La.7/7/99), 739 So.2d 762, 769-70, the party seeking modification need only prove a change of circumstances sufficient to justify an increase or decrease in child support. What constitutes a change in circumstance is determined on a case by case basis and falls within the great discretion of the trial court. Stogner, 98-3044 at 12, 739 So.2d at 770; Rousseau v. Rousseau, 96-502, p. 4 (La. App.3 Cir.12/26/96), 685 So.2d 681, 682-83. Each case will rise or fall on the peculiar facts adduced, and an appellate court will not disturb the trial court's decision in these matters absent clear abuse of discretion. Id.

The party seeking modification of a child support award bears the burden of proving that a change in circumstances has occurred. Once the moving party proves a change in circumstances, a presumption exists that the support obligation must be modified. The burden then shifts to the other party to disprove the change or otherwise overcome the presumption. Barrios v. Barrios, 95-1390, p. 4 (La.App. 1 Cir. 2/23/96), 694 So.2d 290, 293, writ denied, 96-0743 (La.5/3/96), 672 So.2d 691.

In finding a change of circumstances in the instant case, the trial court noted as follows:

In Stogner v. Stogner, 98-3044 (La.7/7/99) [739 So.2d 762], the Court concluded that the burden of proof in cases which seek the modification of a child support award is a change in circumstances, not a substantial change. Changes in circumstances are changes material to the well being of the child.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McClanahan v. McClanahan
169 So. 3d 587 (Louisiana Court of Appeal, 2015)
Dejoie v. Guidry
71 So. 3d 1111 (Louisiana Court of Appeal, 2011)
State v. Hauer
30 So. 3d 1182 (Louisiana Court of Appeal, 2010)
Scott v. Scott
989 So. 2d 290 (Louisiana Court of Appeal, 2008)
McCorvey v. McCorvey
922 So. 2d 694 (Louisiana Court of Appeal, 2006)
Pousson v. Pousson
861 So. 2d 920 (Louisiana Court of Appeal, 2003)
Stephenson v. Stephenson
847 So. 2d 175 (Louisiana Court of Appeal, 2003)
Verges v. Verges
815 So. 2d 356 (Louisiana Court of Appeal, 2002)
State Ex Rel. AM v. Taylor
807 So. 2d 1156 (Louisiana Court of Appeal, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
808 So. 2d 641, 2000 La.App. 1 Cir. 0330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hudnall-v-hudnall-lactapp-2001.