Kennard v. Kennard

747 So. 2d 628, 1999 WL 797988
CourtLouisiana Court of Appeal
DecidedOctober 6, 1999
Docket99-445
StatusPublished
Cited by3 cases

This text of 747 So. 2d 628 (Kennard v. Kennard) 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
Kennard v. Kennard, 747 So. 2d 628, 1999 WL 797988 (La. Ct. App. 1999).

Opinion

747 So.2d 628 (1999)

Linda Kay O. KENNARD, Plaintiff-Appellant,
v.
Albert Liles KENNARD, Defendant-Appellee.

No. 99-445.

Court of Appeal of Louisiana, Third Circuit.

October 6, 1999.
Rehearing Denied December 1, 1999.
Writ Denied February 25, 2000.

*629 Randal B. Tannehill, Baton Rouge, for Linda Kay Odom Kennard.

Michael B. Holmes, Baton Rouge, for Albert Liles Kennard.

BEFORE: YELVERTON, WOODARD, and PICKETT, Judges.

WOODARD, Judge.

In this family law dispute, Ms. Linda K. Odom Kennard appeals a judgment, awarding her former husband, Dr. Albert Kennard, $13,000.00 for his contributions to her education and finding that she had relinquished her survivors' benefits in Mr. Kennard's retirement plan with the Teachers Retirement System of Louisiana (TRSLA). For the following reasons, we reverse in part and affirm in part.

FACTS

At the time of their marriage on September 7, 1978, Mr. and Ms. Kennard respectively, held a doctoral and master's degree in education. In 1987, Mr. Kennard retired from his position as superintendent of the Allen Parish School Board and accepted a teaching position at McNeese State University (MSU). Ms. Kennard was then employed by the State of Louisiana Department of Education (SLDE).

In 1992, she enrolled in the Doctorate Degree program at MSU. She moved to Memphis, Tennessee, in July of 1993, to enroll in the Doctor of Education program at the University of Memphis. She received a salary from SLDE until October of 1993. Mr. Kennard remained in Kinder, Louisiana with their son, Joseph Christopher. He pursued his teaching career at MSU and provided Ms. Kennard with financial support of $13,000.00 cash, from October of 1993 to September of 1994. Ms. Kennard eventually obtained a Doctor of Education Degree in December of 1996. She is currently employed as a staff development coordinator with the Memphis City Schools.

In 1993, the Kennards experienced marital problems. Ms. Kennard filed for divorce on July 15, 1994, and Mr. Kennard reconvened for divorce on September 20, 1994. A divorce judgment was entered on October 28, 1994. The Kennards' community property was partitioned in a settlement finalized on January 3, 1997. On February 10, 1997, Mr. Kennard filed a motion to set child support and for contributions under La.Civ.Code art. 121. Additionally, he requested that the trial court issue an order, declaring that Ms. Kennard had relinquished her rights to survivors' benefits under his TRSLA retirement plan. In a judgment dated June 29, 1998, the trial court so held, and under La.Civ. Code art. 121, it awarded Mr. Kennard $13,000.00 as reimbursement for contributions to Ms. Kennard's education. Ms. Kennard appeals and Mr. Kennard answers the appeal.

ASSIGNMENTS OF ERROR

Ms. Kennard claims that the trial court erred in:

1. Finding that Mr. Kennard qualified for an award under Louisiana Civil Code Article 121.
2. Finding that the contributions made by Mr. Kennard qualified for reimbursement under La.Civ.Code art. 121.
3. Failing to recognize the contributions made by the appellant towards her own education.
*630 4. Failing to consider that the issue of educational expenses had been settled in the voluntary partition of community property.
5. Finding that the defendant had relinquished her survivorship rights in the Teacher's Retirement System account of plaintiff.

Mr. Kennard answers the appeal, claiming that the trial court's decision to limit his recovery to bare cash contributions was an error under La.Civ.Code art. 121.

LAW

REIMBURSEMENT FOR EDUCATIONAL CONTRIBUTION

Ms. Kennard's assignments of error numbers one through four, as well as Mr. Kennard's assignment of error generally allege that the trial court's grant of $13,000.00 to Mr. Kennard, as reimbursement for contribution, was an error.

The law pertaining to an action for reimbursement for educational contribution is set forth in La.Civ.Code art. 121, which states:

In a proceeding for divorce or thereafter, the court may award a party a sum for his financial contributions made during the marriage to education or training of his spouse that increased the spouse's earning power, to the extent that the claimant did not benefit during the marriage from the increased earning power.
The sum awarded may be in addition to a sum for support and to property received in the partition of community property.

Regarding the issue of the appropriateness of the amount awarded by the trial court under Article 121, we note that the parties entered into a set of stipulations, one of which provides the following:

D. Albert L. Kennard made financial contributions during the marriage to the education and training of Linda Odom Kennard at University of Memphis. Direct contributions from Albert L. Kennard to Linda Odom Kennard totalled (sic) $13,000 in 1993 and 1994.

Also, in its memorandum ruling and judgment, the trial court stated:

Under La.C.C. art 121 the court may award a party a sum for his financial contributions made during the marriage to education or training of his spouse that increased the spouse's earning power, to the extent that the claimant did not benefit during the marriage from the increased earning power. Comment (d) to Article 121 attempts to clarify the term "financial contributions" as follows:
(d) "Financial Contributions" include direct educational or training expenses paid by the claimant for the other spouse-such as tuition, books, and school fees. The term also includes financial contributions made to satisfy the living expenses of the supported spouse.
The parties stipulated that Albert Kennard made financial contributions toward Linda Kennard's doctoral degree during 1993 and 1994 totaling approximately thirteen thousand dollars ($13,000.00). The Court finds that these payments qualify as "financial contributions" under Art. 121, inasmuch as they were paid by petitioner to the defendant, with said amount increasing the defendant's earning power.

(Footnote omitted.) Thus, the issue in the instant case is not one of calculation of the amount to which Mr. Kennard may be entitled under Article 121, because we, as did the trial court, find that the parties' stipulations disposed of this issue. Therefore, the only remaining issue before us concerning these assignments of error is the propriety of the trial court's decision to award Mr. Kennard this stipulated amount.

The basis of the cause of action set forth by Article 121 is explained in Comment (c), as follows:

*631 Under this Article the court is empowered to compensate a divorcing or former spouse for financial contributions made during the marriage to the education, training, or increased earning power of the other spouse.

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Bluebook (online)
747 So. 2d 628, 1999 WL 797988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kennard-v-kennard-lactapp-1999.