Kelly Renee Sims v. Jason Pepper Sims.

85 So. 3d 407, 2011 WL 2420870, 2011 Ala. Civ. App. LEXIS 147
CourtCourt of Civil Appeals of Alabama
DecidedJune 17, 2011
Docket2100586
StatusPublished
Cited by1 cases

This text of 85 So. 3d 407 (Kelly Renee Sims v. Jason Pepper Sims.) 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
Kelly Renee Sims v. Jason Pepper Sims., 85 So. 3d 407, 2011 WL 2420870, 2011 Ala. Civ. App. LEXIS 147 (Ala. Ct. App. 2011).

Opinion

THOMPSON, Presiding Judge.

Kelly Renee Sims (“the mother”) appeals from a judgment of the Limestone Circuit Court divorcing her from Jason Pepper Sims (“the father”). For the reasons set forth herein, we affirm the judgment in part and reverse it in part.

The parties were married in July 2000, and they are the parents of two children. At the time of the trial in this action, the children were ages 11 and 6.

On May 13, 2009, the father filed a divorce action against the mother. The parties each sought pendente lite relief. On July 1, 2009, the trial court, after holding a hearing, entered an order awarding the parties joint legal custody of the children, awarding the father sole physical custody of the children, and awarding the father exclusive possession of the marital residence during the pendency of the action. Thereafter, the mother filed a motion to hold the father in contempt for violating the July 1, 2009, order.

On November 18, 2009, a trial was held in the action. Evidence submitted at that trial indicated that the mother had been an officer of the parent-teacher organization (“the PTO”) at the elementary school at which she also served as a substitute teacher and that the children attended. In March 2009, while serving in that role, she made personal expenditures of approximately $1,100 using a PTO credit card. The improper charges on the PTO credit card included purchases of gasoline, groceries, and clothing. The mother also made cash withdrawals with the PTO credit card. The mother entered into an agreement to repay the $1,100 in two equal payments, with one payment due March 31, 2009, and the other payment due April 30, 2009. The mother paid only $200 on March 31, 2009, and the principal of the elementary school thereafter contacted the sheriffs office about the situation. The principal also contacted the father, who, it is undisputed, had had no knowledge of the situation. The principal removed the mother from the list of substitute teachers at the school. He also informed the board of education of the situation, and the mother was removed from the list of substitute teachers for the entire county school system. The mother paid the balance of the missing funds on May 14, 2009. The mother testified that her misuse of the credit card was accidental and that it had [409]*409occurred because the PTO credit card resembled her personal debit card.

The father was a police officer with the City of Madison. The father submitted into evidence a CS^l “Child-Support-Obligation Income Statement/Affidavit” form that indicated that he earned $4,188 monthly from his employment as a police officer and that he paid for health, dental, and vision insurance that covered the children. He worked the third shift, from 9:80 p.m. to 5:30 a.m. He testified that he was seeking to. move to the day shift, which would involve working from 6:00 a.m. to 2:00 p.m.

In addition to his job as a police officer, the father farmed 60 acres of land that his grandmother owned. He testified that he started farming so that he could provide more for his family and that he had been doing so for four years. He stated that when he went to the farm, it was typically in the evenings and that he earned approximately $20,000 in income in the year preceding the trial from farming.

The father testified that, before he and the mother separated, he would arrive home from work a little after 6:00 a.m. and help prepare the children for school. He testified that sometimes he would take the children to school and that sometimes the mother would do so. He stated that, after he was awarded pendente lite custody of the children, he took them to school and picked them up from school every day. In later testimony, the father admitted that his sisters often picked up the children from school and that one of his sisters worked at the school.

The father stated that, on the five evenings he worked each week, he left for work after the children had gone to bed and that his mother would stay with the children overnight. He stated that the children usually spent Saturday evening at his mother’s house.

The father testified that the parties had had financial problems during the marriage. He stated that the mother would obtain credit cards without his knowledge and that, on three or four occasions, he had had to pay off several bills. He testified that he would find bills from creditors he did not know existed. It is undisputed that the mother incurred credit-card debt and debts at several stores about which the father testified he had had no knowledge and that she had written bad checks. The father testified that the mother was not truthful with him concerning how she spent money.

The father testified that both of the children had savings accounts and that, on one occasion, the mother, without his knowledge, withdrew $400 to $500 from the older child’s account. The father testified that he did not know how the mother had spent that money. The mother testified that she had withdrawn approximately $800 from the older child’s savings account and that she had given that money to her parents to pay them back for a suit they had purchased for the father for his father’s funeral. She stated that she told the father about the purpose of the withdrawals after he had found out about them and that he asked her not to do it anymore.

The father testified that the older child had participated in an accelerated reading program for the four previous school years but that the child was not presently participating in it. The father stated that the younger child had participated in cheer-leading and tumbling during the previous school year but that she was not participating in those activities during the present year. He admitted that, since he had been awarded pendente lite custody of the children, the younger child had not participated in any after-school activities. He [410]*410testified that, if he were able to move to the day shift at work, he hoped that the children would be able to participate in after-school activities again.

The mother testified that if she obtained physical custody of the younger child, she would allow the child to participate in gymnastics, cheerleading, and baseball. She testified that if she were awarded custody of the older child, he would begin participating in the accelerated reading program again.

The father testified that, since he has had the children in his custody, he decided on one or two days not to give the older child the medication that had been prescribed for him for attention-deficit/hyperactivity disorder (“ADHD”). The father stated that he did not see a difference in the child physically or behaviorally when the child did not receive his medication. He testified that he did not think the child should be on medication for ADHD and that he planned to seek a second opinion from another doctor with regard to the child’s ADHD diagnosis.

He also stated that, since he had been awarded pendente lite custody of the children, he had taken them to the dentist, which was the first time in several years the children had been to the dentist.

Although the testimony was not entirely clear, it appears that, since the children had been in the father’s custody, the older child, who was in the fifth grade, had made a “C” in his mathematics class and that he had never made a “C” in the past. The father testified that the younger child, who was in the first grade at the time of the trial, had made all “As” on her first progress report but that she had made “Bs” and a “C” on the second progress report.

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Cite This Page — Counsel Stack

Bluebook (online)
85 So. 3d 407, 2011 WL 2420870, 2011 Ala. Civ. App. LEXIS 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-renee-sims-v-jason-pepper-sims-alacivapp-2011.