Hutto v. Kneipp

627 So. 2d 802, 1993 WL 496092
CourtLouisiana Court of Appeal
DecidedDecember 3, 1993
Docket25321-CA
StatusPublished
Cited by19 cases

This text of 627 So. 2d 802 (Hutto v. Kneipp) 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
Hutto v. Kneipp, 627 So. 2d 802, 1993 WL 496092 (La. Ct. App. 1993).

Opinion

627 So.2d 802 (1993)

Lisa Kneipp HUTTO, Plaintiff-Appellee,
v.
Lee Benson KNEIPP, Defendant-Appellant.

No. 25321-CA.

Court of Appeal of Louisiana, Second Circuit.

December 3, 1993.
Rehearing Denied January 13, 1994.

*803 Robert J. Donovan, Jr., Shreveport, for plaintiff-appellee.

Sutton & Sutton by Bobby D. Sutton, Jr., Shreveport, Kneipp & Hastings by Donald L. Kneipp, and E. Eugene Hastings, Monroe, for defendant-appellant.

Before NORRIS, LINDSAY and BROWN, JJ.

NORRIS, Judge.

In early 1992, Reverend Kneipp and Mrs. Hutto each filed a rule to modify their established custody/child support agreement. In its ruling on August 20, 1992, the trial court amended the joint custody plan, declaring Mrs. Hutto domiciliary parent of their two children and awarding her $926.20 per month in child support, reduced by half during June, July, and August. The court allowed Mrs. Hutto to provide the children's medical insurance and ordered Reverend Kneipp to pay half of their uninsured medical and dental expenses. On October 14, 1992, Reverend Kneipp filed a rule to modify his child support obligation alleging a change in circumstances had occurred since the prior award was set. He further sought to terminate his obligation to pay half of his children's medical insurance and uninsured medical expenses and instead, to maintain their health insurance through his new employer. The trial court ruled against Reverend Kneipp on December 15, 1992, rejecting both demands. He appeals both rulings. For the reasons expressed, we affirm the August 1992 ruling and amend and affirm the December 1992 ruling.

Factual and Procedural Background

Lee Kneipp married Lisa Sigrest on August 26, 1975. They had two children, Joshua in 1978, and Courtney in 1984. Lisa Kneipp (remarried as Lisa Hutto) obtained a judicial separation in 1986 and divorce in early 1987. The parties agreed upon joint custody, with Lisa as domiciliary parent, and Reverend Kneipp paying child support of $500.00 per month. Reverend Kneipp maintained the children's medical insurance, but each party would pay 50 percent of their uninsured medical and dental expenses.

On June 11, 1990, the parties agreed to modify this custody/support arrangement. Reverend Kneipp, also now remarried, became the domiciliary parent of Joshua and, by agreement of the parties, his support obligation was reduced to $200.00 per month. Each party paid the medical expenses of the child in his or her custody and shared dental expenses.

By early 1992, dissatisfied with the custody/support arrangement, each filed a rule seeking custody of both children and child support. Hearing on the rules was held on August 18 and 20, 1992. Reverend Kneipp dismissed his rule for custody of Courtney at the beginning of trial. As for Joshua, during trial, he further agreed Mrs. Hutto could have custody. Only the child support issue remained.

The trial court ruled from the bench on August 20, 1992 declaring Mrs. Hutto domiciliary parent of both children and awarding her child support in the amount of $926.20 per month, reduced by half during the summer months. The trial court used Reverend Kneipp's $3,964 monthly combined income to calculate child support. Reverend Kneipp received $3,264 per month from his job as *804 Program Director for Youth Services at Sabine Valley Mental Health Center and $700 per month from his flexible part-time job at Holy Cross Episcopal Church. Reverend Kneipp, an Episcopalian priest, who already had his M.S. in psychology, had returned to school to obtain a doctorate in psychology. He accepted employment in that field at Sabine to complete the internship requirement of this doctoral program. The court further allowed Mrs. Hutto to maintain the children on her medical insurance, with Mr. Kniepp paying his percentage of the premium and both paying half of any uncovered medical and dental expenses incurred. The ruling was reduced to formal judgment and signed on November 23, 1992.

Shortly after the August 20 ruling, Reverend Kneipp submitted letters of resignation, dated October 1, 1992, to Sabine and Holy Cross, effective mid-November. He accepted full-time employment as rector for St. Michael's Episcopalian Church in Pineville, effective November 16, 1992, earning $22,000 a year or $1,833 per month, 54 percent less than he had been making. Consequently, he filed a rule on October 14, 1992, to modify his child support obligation to reflect this change in circumstances and further sought to provide his children's medical insurance. In its December 1992 ruling, the trial court rejected the relief sought by Reverend Kneipp, finding that he switched to a lower-paying job in bad faith and was voluntarily underemployed. The court also maintained its prior order allowing Mrs. Hutto to keep the children on her medical insurance, and requiring Reverend Kneipp to pay 50 percent of any uncovered medical expenses and $926.20 per month in child support. This ruling was reduced to formal judgment and signed on January 4, 1993.

Reverend Kneipp appeals both judgments. He contests the finding that he was voluntarily underemployed. In the alternative, if his potential income is to be considered, he urges that only his income from the full-time job be used, rather than the combined income from both jobs. He also contends the trial court erred in ordering him to pay 50 percent of the children's uncovered medical expenses in addition to the basic support obligation. Finally, he asserts the trial court erred in failing to include Mrs. Hutto's current husband's income in the child support calculations.

Voluntary underemployment

The Child Support Guidelines apply to this proceeding to modify child support filed on October 14, 1992. Furthermore, there is a rebuttable presumption that the amount of child support obtained from these guidelines is the proper amount. La.R.S. 9:315.1A.

The party seeking the reduction in child support payments must show a change in circumstances of one of the parties between the time of the previous award and the motion to modify it. La.R.S. 9:311. However, not every change in circumstances warrants a reduction. Louisiana jurisprudence dealing with reduction of support distinguishes between a voluntary and involuntary change in circumstances. Goodall v. Goodall, 561 So.2d 867 (La.App. 2d Cir.1990); Guinn v. Guinn, 405 So.2d 620 (La.App. 3d Cir.1981); Laiche v. Laiche, 237 La. 298, 111 So.2d 120 (1959). In Laiche, the Louisiana Supreme Court described an involuntary condition as one brought about by a fortuitous event or other circumstances beyond that person's control, such as loss of one's position or illness. The court held that a voluntary act rendering it difficult or impossible to meet one's support obligation cannot be countenanced as a ground for release, either wholly or partially, from the obligation. Id. 111 So.2d at 122.

Today, a parent whose change in circumstances is due to a voluntary termination of employment may still obtain a reduction in child support payments if he or she can show that: (1) a change in circumstances occurred; (2) the voluntary change is reasonable and justified; (3) he or she is in good faith and not attempting to avoid the alimentary obligation; and (4) the action will not deprive the child of continued reasonable financial support. Mosley v. Mosley, 348 So.2d 225 (La. App. 3d Cir.), writ denied, 350 So.2d 1213 (1977).

*805 If a parent is voluntarily underemployed, child support shall be calculated based on his or her income earning potential. La.R.S. 9:315.9.

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Bluebook (online)
627 So. 2d 802, 1993 WL 496092, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hutto-v-kneipp-lactapp-1993.