Lambert v. Lambert

960 So. 2d 921, 2007 WL 860988
CourtLouisiana Court of Appeal
DecidedMarch 23, 2007
Docket2006 CU 2399
StatusPublished
Cited by18 cases

This text of 960 So. 2d 921 (Lambert v. Lambert) 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
Lambert v. Lambert, 960 So. 2d 921, 2007 WL 860988 (La. Ct. App. 2007).

Opinion

960 So.2d 921 (2007)

Amanda G. LAMBERT
v.
Darren Paul LAMBERT.

No. 2006 CU 2399.

Court of Appeal of Louisiana, First Circuit.

March 23, 2007.

*923 Brenda Braud, Hammond, for Plaintiff-Appellee Amanda G. Lambert.

Bruce E. Unangst, Gonzales, for Defendant-Appellant Darren Paul Lambert.

Before: KUHN, GAIDRY, and WELCH, JJ.

WELCH, J.

In this appeal, the defendant, Darren Paul Lambert, challenges a trial court judgment awarding the plaintiff, Amanda G. Lambert, child support and interim spousal support. After a review of the record of these proceedings, we affirm the judgment of the trial court.

I. FACTUAL AND PROCEDURAL HISTORY

The parties in this matter, Amanda Lambert and Darren Lambert, were married on February 14, 2003. One child was born of their marriage, and Darren has custody of his three children from a prior marriage. On April 11, 2006, Amanda filed a petition for divorce requesting that the parties be awarded joint custody of their minor child, that she be designated as the child's domiciliary parent, that she be awarded child support for the support of the minor child, and that she be awarded interim spousal support.

After a hearing on June 28, 2006,[1] the trial court rendered judgment awarding the parties joint custody of the minor child, with Amanda designated as the child's domiciliary parent; awarding Darren *924 specific visitation with the minor child; ordering Darren to pay Amanda child support in the amount of $505.56 per month, retroactive to April 11, 2006; ordering Darren to pay interim spousal support to Amanda in the amount of $611 per month, retroactive to April 11, 2006, with payment of $111 of that monthly award deferred for six months; ordering Darren to maintain health insurance on the minor child until further order of the court and on Amanda until the rendition of a final judgment of divorce; awarding Amanda exclusive use of the community automobile in her possession and ordering Darren to pay the monthly note associated with that automobile; ordering Amanda to pay the automobile insurance premiums for the two community automobiles (including the automobile used by Darren) in the amount of $210 per month; and ordering Darren to pay the monthly credit card payments on the community credit card debt. A written judgment in conformity with the trial court's ruling was signed on August 11, 2006, and it is from this judgment that Darren now appeals.

II. ASSIGNMENTS OF ERROR

On appeal, Darren contends that: (1) the trial court erred by imputing income to him when calculating his child support obligation; (2) the trial court abused its discretion when it refused to deviate from the child support guidelines considering his obligation to support the three minor children from his previous marriage of whom he has custody; and (3) the trial court abused its discretion in its award of interim spousal support to Amanda.

III. LAW AND DISCUSSION

A. Child Support

The Louisiana Child Support Guidelines set forth the method for implementation of the parental obligation to pay child support. See La. R.S. 9:315.1(A). Louisiana Revised Statutes 9:315.2 requires the court to calculate a basic child support obligation by combining the parents adjusted gross incomes, determining each party's percentage share of the combined adjusted gross income, and applying these calculations to the schedule contained in La. R.S. 9:315.14. The total child support obligation is thereafter computed by adding together the basic child support obligation, the net child-care costs, the cost of the child's health insurance premiums, extraordinary medical expenses, and other extraordinary expenses. La. R.S. 9:315.8(A). Each parent's share of the total child support obligation is then determined by multiplying his or her percentage share of the combined adjusted gross income by the total child support obligation. La. R.S. 9:315.8(C). Thereafter, the court fixes and awards, as a money judgment, the total child support obligation in favor of the domiciliary parent or parent with legal custody. La. R.S. 9:315.8(D). Generally, an award of child support is entitled to great weight and will not be disturbed on appeal absent an abuse of discretion. Walden v. Walden, 2000-2911, p. 4 (La.App. 1st Cir.8/14/02), 835 So.2d 513, 517; Templeton v. Templeton, XXXX-XXXX, p. 4 (La.App. 1st Cir.12/22/00), 774 So.2d 1257, 1260.

1. Darren's Gross Income

To apply the guidelines, the court must initially determine the gross income of the parties. See La. R.S. 9:315.2(A). Income means the actual gross income of a party, if the party is employed to full capacity. La. R.S. 9:315(C)(5)(a). Income also means the potential income of a party, if the party is voluntarily unemployed or underemployed;[2]*925 in such a case, his gross income shall be determined as set forth in La. R.S. 9:315.11. La. R.S. 9:315(C)(5)(b) and 9:315.2(B). If a party is voluntarily unemployed or underemployed, child support shall be calculated based on a determination of his or her income earning potential (rather than actual gross income), unless the party is caring for a child of the parties under the age of five years. La. R.S. 9:315.11; see Walden, 2000-2911 at pp. 9-10, 835 So.2d at 530.

Voluntary unemployment or underemployment for purposes of calculating child support is a factual determination of good faith on the obligor-spouse. Romanowski v. Romanowski, XXXX-XXXX, p. 6 (La.App. 1st Cir.2/23/04), 873 So.2d 656, 660. With regard to the factual findings made by the trial court in determining an award of child support, appellate review of such factual findings is subject to the manifest error/clearly wrong standard of review. See Romanowski, XXXX-XXXX at p. 8, 873 So.2d at 662; Walden, 2000-2911 at p. 4, 835 So.2d at 517.

Darren testified that he is employed by Shaw Services, L.L.C. as a piping system fabricator for Sunland Fabricators, and that he is paid $19.40 per hour. Darren further testified that he is not "guaranteed" to work 40 hours each week nor is he "guaranteed" overtime.

Although Darren failed to provide the trial court or Amanda with either a verified income statement showing his gross income or his most recent federal tax return, as mandated by La. R.S. 9:315.2(A), he did offer nine pay stubs as documentation of his current and past earnings. These pay stubs reflect the following: during the week of March 19, 2006, Darren worked 40 hours at the rate of $19.40 per hour and 2 hours at the overtime rate of $29.10 per hour; during the week of March 26, 2006, he worked 36 hours at the rate of $19.40 per hour; during the week of April 2, 2006, he worked 37 hours at the rate of $19.40 per hour; during the week of April 9, 2006, he worked 38.5 hours at rate of $19.40 per hour; during the week of April 16, 2006, he worked 39.25 hours at the rate of $19.40 per hour; during the week of April 23, 2006, he worked 15.5 hours at rate of $19.40 per hour; during the week of April 30, 2006, he worked 16 hours at the rate of $19.40 per hour; during the week of May 7, 2006, he worked 35.75 hours at the rate of $19.40 per hour; and during the week of June 11, 2006, he worked 29.5 hours at the rate of $19.40 per hour. Additionally, the pay stub for the week of June 11, 2006, reflects that Darren's year-to-date gross pay was $20,011.11.

Amanda testified that she is unemployed because she is caring for the minor child of the parties, who at the time of the hearing in the matter was approximately seven months old.

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Bluebook (online)
960 So. 2d 921, 2007 WL 860988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lambert-v-lambert-lactapp-2007.