Jordan v. Jordan

688 So. 2d 839, 1997 WL 15288
CourtCourt of Civil Appeals of Alabama
DecidedJanuary 17, 1997
Docket2950751
StatusPublished
Cited by21 cases

This text of 688 So. 2d 839 (Jordan v. Jordan) 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
Jordan v. Jordan, 688 So. 2d 839, 1997 WL 15288 (Ala. Ct. App. 1997).

Opinion

688 So.2d 839 (1997)

Dwayne L. JORDAN
v.
Carol F. JORDAN.

2950751.

Court of Civil Appeals of Alabama.

January 17, 1997.

*840 Judy B. Lange, Montgomery, for Appellant.

Anna M. Williams, Grand Bay, for Appellee.

PER CURIAM.

This is a child support modification case.

The parties were divorced in 1989 by a Mississippi court. The divorce judgment awarded custody of the parties' six children to the mother and ordered the father to pay $175 per week in child support. In 1990, the Mississippi court ordered a reduction in child support for the parties' three children who remained minors, and, in 1993, after one of the minor children had begun living with the father, the Mississippi court modified its previous order to reduce the child support obligation to $85 per week. In January 1995, the mother filed a petition in the Mobile Circuit Court requesting a child support modification and alleging that the father was in arrears and requesting the trial court to increase his child support obligation. On November 20, 1995, after conducting a hearing on the petition, the trial court held that it had jurisdiction and entered a judgment modifying child support. The trial court found that the father was not in arrears in child support and found that the older of the two minor children was self-supporting. The trial court suspended child support for the older child and increased the father's child support obligation to $561 per month for the remaining minor child; ordered the father to maintain health insurance for the child and to pay all expenses not covered by insurance; ordered the father to maintain dental insurance for the minor child and to pay one-half of the expenses not covered by that insurance; ordered the father to name the minor child as the irrevocable beneficiary under the father's existing life insurance policy and to maintain such insurance until the child reaches majority or is otherwise emancipated; and required the father to pay all outstanding medical bills currently owed.

The mother filed a post-judgment motion in which she argued that the trial court erred in determining that the older minor child was self-supporting and requested the trial court to reinstate child support and require the father to maintain medical and dental insurance for that child. The father also filed a post-judgment motion in which he argued that the trial court had erred by including his overtime wages in computing his income, had improperly computed child support based on the incorrect amount of his insurance premiums, had improperly required him to name the minor child as beneficiary on his life insurance policy, and had improperly required him to pay all outstanding medical bills. On February 26, 1996, the trial court granted the mother's motion in part and amended its original order to require the father to maintain medical insurance for the older child.

On March 12, 1996, the mother filed a second post-judgment motion and again requested the trial court to reinstate child support for the older minor child and to order the father to maintain dental insurance for that child. The trial court granted the motion and amended its judgment by ordering the father to pay child support of $868 per month for the two children, and ordered the father to maintain dental insurance for both minor children. The father appeals, raising all the issues he argued in his post-judgment motion.

Actions concerning child support, although guided by the mandatory application of the child support guidelines contained in Rule 32, Ala. R. Jud. Admin., remain within the discretion of the trial court. Its rulings on child support will not be disturbed *841 on appeal absent a finding that the trial court abused its discretion. Doyle v. Doyle, 579 So.2d 651 (Ala.Civ.App.1991). Rule 32 provides a rebuttable presumption that the amount resulting from the application of the guidelines is the correct amount to be awarded. Rule 32(A), Ala. R. Jud. Admin.

The father argues that the trial court misapplied Rule 32 when it included his overtime wages in computing his gross income for purposes of calculating his child support obligation. This court has held that "overtime" income falls within the definition of income for purposes of calculating child support, "to the extent that such income is sufficiently substantial and continuing, and that it can be accurately determined." State ex rel. Smith v. Smith, 631 So.2d 252, 255 (Ala.Civ.App. 1993). However, "there may be circumstances where overtime pay appears to be an anomaly or is uncertain or speculative, thereby justifying its exclusion from income for purposes of setting child support or deviating from the child support guidelines, in which case the trial court should make a finding to that effect." Id.; see also, Homan v. Homan, 623 So.2d 326 (Ala.Civ.App.1993).

The husband argues that his actual monthly income is $3,240.15 rather than $4,246, the amount the trial court used to compute child support. However, during his testimony at trial, the husband agreed that $4,246 reflected his monthly income. Thus, the trial court was presented with evidence to support the income calculation and the resulting child support award. Therefore, we cannot say that the trial court abused its discretion in computing the husband's gross income, and its ruling in that respect is due to be affirmed.

The father also argues that the trial court erred in failing to deduct from his child support obligation the correct monthly premium for health insurance for the minor child as required by Rule 32(B)(7)(c), Ala. R. Jud. Admin. He argues that the trial court's initial judgment issued on November 20, 1995, is due to be reversed for that reason. However, the portion of the trial court's initial modification judgment that computed child support has been vacated by the trial court's order of April 29, 1996. Therefore, the father's argument on this issue is without merit.

Judge Crawley, in his dissent, disagrees with this determination and with the validity of the judgment entered on April 29. He cites Ex parte Dowling, 477 So.2d 400 (Ala.1985), for the proposition that "after a post-judgment motion has been denied, the only review of that denial is by appeal; a judge has no jurisdiction to `reconsider' the denial." Dowling, 477 So.2d at 404 (emphasis added). The present case differs from Dowling because the mother filed an additional post-judgment motion after the trial court granted her first motion and amended its order.

The father additionally argues that the trial court erred by ordering him to pay all the outstanding medical bills incurred for the children's medical care. The record reveals that the original divorce judgment required the mother to be responsible for all medical expenses not covered by insurance. A trial court may modify future installments of child support ordered by another state's judgment. Quebedeaux v. Lord, 599 So.2d 51 (Ala.Civ.App.1992). There is no authority for a trial court to modify a support order retroactively. Likewise, it is "`well established that a trial court cannot, on a petition for modification, relieve a parent of a child support obligation that has already accrued.'" Morin v. Morin, 678 So.2d 166 (Ala.Civ.App.1996) (quoting State ex rel. Horton, 678 So.2d 106, 107 (Ala.1996)).

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Bluebook (online)
688 So. 2d 839, 1997 WL 15288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jordan-v-jordan-alacivapp-1997.