Jester v. Jester

843 So. 2d 193, 2002 Ala. Civ. App. LEXIS 415, 2002 WL 1042488
CourtCourt of Civil Appeals of Alabama
DecidedMay 24, 2002
Docket2010112
StatusPublished

This text of 843 So. 2d 193 (Jester v. Jester) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jester v. Jester, 843 So. 2d 193, 2002 Ala. Civ. App. LEXIS 415, 2002 WL 1042488 (Ala. Ct. App. 2002).

Opinion

YATES, Presiding Judge.

This is the second time this case has been before this court. See Jester v. Jester, 795 So.2d 743 (Ala.Civ.App.2001)(“Jester I”). The wife moved to, among other things, have the husband held in contempt for his failure to comply with provisions of the divorce judgment. The court found that the husband owed the wife $62,609.61 in reserve alimony. On postjudgment motions by the parties, the court amended its judgment, finding that the husband owed $61,415.02 in reserve alimony. The husband appealed; the wife cross-appealed.

On March 30, 2001, this court held that the trial court had erred in its calculation of the amount of reserve alimony owed by the husband; we reversed that portion of the judgment and remanded the case, instructing the trial court to “allow a reduction of the taxable income based on the second wife’s earnings for 1991 through 1995” using “the stipulated formula based on taxable income exceeding $72,000 per year and taxable income that exceeds $6,000 per month within that year.” 795 So.2d at 749. We affirmed all other portions of the judgment.

On remand, the trial court requested the parties to submit “their proposed recalculations.” On May 7, 2001, the wife submitted an affidavit prepared by Robert M. Hunt, Jr., a certified public accountant, who set out his professional opinion as to the correct methodology in calculating the reserve alimony in accordance with provisions of the divorce judgment. The wife also moved the court to require the husband to produce all financial records showing his “annual and monthly income from all sources, and correct evidence as to what income he received by virtue of his inheritance or gift from his parents.” The court granted the wife’s motion.

On or about July 24, 2001, the wife moved for a partial summary judgment; she later moved to amend her motion.1 On September 20, 2001, the trial court entered its new order after remand, which stated, in part, as follows:

“This Court expressed its befuddlement as to how to calculate in accordance with the mandate. It requested that the parties come up with their proposed recalculations. They have done so to some extent.
“In its initial calculations, the court did make a significant error in that it [195]*195based its calculations upon the figures shown in Mr. Jester’s income tax returns. Those amounts included the earnings of Mr. Jester’s second wife, a fact which was not revealed to the Court during the trial. Before the appellate court ruled, Mr. Jester was allowed to supplement the record to show that the returns included the then second Mrs. Jester’s earnings and that justified a recalculation.
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“As the Court understands the appellate court’s ruling, it is required to look at the individual months within the years with more than $72,000.00 in earnings. This Court does not believe that such an examination, if properly applied, affects the outcome. If, for example, he earned an even $6,000.00 per month from January through November and then earned $18,000.00 in December, his total annual earnings would be $84,000.00. Calculating on an annual basis, he would owe $2,400.00. Calculating on a monthly basis, he would owe $2,400.00. So long as his annual income exceeded $72,000.00 and every month’s income exceeded $6,000.00, either calculation has the same result.
“Certainly, it was not intended that the percentages be applied to every month in which his earnings exceeded $6,000.00 and without regard to the offsetting effect of those months when he made less than that amount. For example, if he earned only $4,000 per month for eleven months and then $40,000.00 for the twelfth, he still would have a total of $84,000.00 for the year but, if the eleven bad months were ignored, would he not owe $5,600.00 (20% of the $28,000.00 extra made that twelfth month) on the basis of a monthly calculation?
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“Clearly, the only fair way to determine the reserve alimony, even taking into consideration the monthly as well as the annual earnings, is the method the Court originally followed.
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“When the second Mrs. Jester’s income is deducted, we have the following results:
Year AGI Reserve alimony due
1989 $ 67,890.00 $ -0-
1990 $ 74,595.37 $ 519.07
1991 $ 80,228.64 $ 1,654.72
1992 $100,010.37 $ 5,602.07
1993 $119,691.52 $ 7,769.15
1994 $124,140.06 $ 8,214.00
1995 $143,237.29 $ 9,561.86
1996 $199,833.27 $12,000.00
1997 $219,783.00 $12,000.00
1998 $174,162.00 $11,108.10
Total $68,419.97[2]
“[The husband] still is entitled to the credits allowed in the [divorce judgment], a total of $19,550.00. This reduces his reserve alimony obligation to a net of $48,869.97, for which an amended judgment will enter. Hopefully, this will end this thirteen year battle.
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“1. That, pursuant to the mandate of the Court of Civil Appeals, the Court has recalculated the ‘reserve alimony,’ taking into consideration both the annual and monthly thresholds established by the original Decree.
“2. That Mr. Jester owes Mrs. Jester, as of March 30, 2000, the sum of $48,869.97 in ‘reserve alimony’ and a judgment is entered against him and in her favor in that amount.
[196]*196“3. That Mrs. Jester is entitled to interest on the judgment at the post-judgment rate of 12% per annum from March 30, 2000.”

The husband appealed; the wife cross-appealed.

Both the husband and the wife argue that the trial court failed to follow the instructions of this court of calculating the reserve alimony due to the wife. The wife further argues that because the court on remand failed to apply the proper formula for calculation of reserve alimony, it erred in determining the amount of reserve alimony it awarded to her. We agree.

The trial court contends that it makes no difference whether a calculation is performed for each individual month in years when annual earnings exceed $72,000. We disagree. The trial court attempted to explain its ruling by presenting a hypothetical where the husband made $84,000 per year; earning $6,000 from January to November, then in December earning $18,000. For example:

Month Taxable Monthly Income Excess
January 3,000 0
February $ 6,000 0
March $ 6,000 0
April $ 6,000 0
May $ 6,000 0
July $ 6,000 0
August $ 6,000 0
September $ 6,000 0
October $ 6,000 0
November $ 6,000 0

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Related

Jester v. Jester
795 So. 2d 743 (Court of Civil Appeals of Alabama, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
843 So. 2d 193, 2002 Ala. Civ. App. LEXIS 415, 2002 WL 1042488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jester-v-jester-alacivapp-2002.