Langley v. Langley

982 So. 2d 881, 2008 WL 796442
CourtLouisiana Court of Appeal
DecidedMarch 26, 2008
Docket2007-CA-0754
StatusPublished
Cited by16 cases

This text of 982 So. 2d 881 (Langley v. Langley) 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
Langley v. Langley, 982 So. 2d 881, 2008 WL 796442 (La. Ct. App. 2008).

Opinion

982 So.2d 881 (2008)

John M. LANGLEY, M.D.
v.
Patricia M. LANGLEY.

No. 2007-CA-0754.

Court of Appeal of Louisiana, Fourth Circuit.

March 26, 2008.

*882 Edith H. Morris, Suzanne Ecuyer Bayle, Bernadette R. Lee, Morris, Lee & Bayle, L.L.C., New Orleans, LA, for Plaintiff/Appellant.

Theon A. Wilson, Law Offices of Theon A. Wilson, New Orleans, LA, for Defendant/Appellee.

(Court composed of Judge JAMES F. McKAY, III, Judge MICHAEL E. KIRBY, Judge TERRI F. LOVE).

TERRI F. LOVE, Judge.

Dr. John Langley appeals the district court's calculation of the child support awarded to his former wife, Patricia Langley. The district court reduced Dr. Langley's child support obligation from $7,500.00 to $6,000.00 per month. The court ordered that Dr. Langley also pay private school tuition, fees, associated expenses, all school-related extra-curricular activities, and that he provide health insurance and pay all extraordinary medical expenses for the two minor children. We find no abuse of the district court's vast discretion in determining the child support award and, therefore, affirm.

FACTUAL AND PROCEDURAL HISTORY

The appellant, John M. Langley, M.D. ("Dr. Langley") and Patricia M. Langley ("Ms. Langley") divorced in February 1994. In March 1994, they entered into a consent judgment that resolved the issues of child custody, visitation and support and spousal support. In this judgment, Dr. and Ms. Langley agreed that Dr. Langley would continue to provide medical insurance for the children through his employer, pay one half of any extraordinary medical or dental expenses, and pay $5,500 per month in child support.

Thereafter, Dr. Langley filed a motion to reduce his child support obligation on the basis that his income had been reduced from approximately $40,000 to $25,000 per month. In September 1995, the district court reduced Dr. Langley's support obligation from $5,500 to $5,000 per month.

In Langley v. Langley, 96-0414 (La. App. 4 Cir 9/18/96), 681 So.2d 25, 26, writ denied 96-C-2489 (La.12/6/96), 684 So.2d 935 ("Langley I"), Dr. Langley appealed to this Court to decide whether the district court erred in reducing his child support obligation by only $500 per month and in declining to apply the reduction retroactively. This Court found the district court did not abuse its considerable discretion in determining the support obligation and affirmed the reduction but modified the judgment to make the reduction retroactive to the date of judicial demand.

*883 Thereafter, Ms. Langley moved to increase award of child support, and Dr. Langley moved to reduce the child support award. The district court increased the award of child support to $7,500.00 and both parties appealed. In Langley v. Langley, 98-2759 (La.App. 4 Cir. 11/10/00), 747 So.2d 183 ("Langley II"), this Court affirmed the judgment of the district court.

Pursuant to the aforementioned judgment, Dr. Langley's basic child support obligation for four minor children was set at $7500.00 per month in globo. Dr. Langley was an emergency room physician at Methodist Hospital prior to Hurricane Katrina. After Hurricane Katrina, Dr. Langley commuted to Monroe to work. Dr. Langley filed a Rule to Reduce Child Support, seeking a reduction of his $7,500.00 child support obligation on the basis that his income was reduced. At the time that Dr. Langley sought this reduction in child support, only two of the Langley's five children were minors.

The district court found that it was in the "best interest of the children that Dr. Langley's child support obligation be reduced" and ordered Dr. Langley pay child support in the amount of $6,000.00 per month and required that Dr. Langley "also pay private school tuition, fees, associated expenses, all school related extra-curricular activities, provide health insurance and pay all extraordinary medical expenses for the two minor children."

STANDARD OF REVIEW

A district court's order of child support is entitled to great weight. Carmouche v. Carmouche, 03-1106 (La.App. 5 Cir. 2/23/04), 869 So.2d 224. "Generally, an appellate court will not disturb a child support order unless there is an abuse of discretion or manifest error." State, Department of Social Services ex rel. D.F. v. L.T., 05-1965, p. 6 (La.7/6/06), 934 So.2d 687, 690, citing Reeves v. Reeves, 36, 259 (La.App. 2 Cir.2002), 823 So.2d 1023, 1027.

The statutory guidelines for calculating child support are set forth in La. R.S. 9:315 to 9:315.20. Deviations by the district court from the child support guidelines shall not be disturbed on appeal absent a finding of manifest error. La. R.S. 9:315.17.

On appeal, Dr. Langley argues that the district court's child support calculation in this case is manifestly erroneous, assigning error in the following respects: (i) finding that he was underemployed when he lost his job as a result of Hurricane Katrina; (ii) and deviating from the child support guidelines, setting child support at $6,000.00 without enumerating the reasons for the deviation. We separately analyze each of these alleged errors.

UNDEREMPLOYMENT

The district court found that "based on Dr. Langley's `purported' income he is underemployed as defined in La. R.S. 9:315.11." The district court found that Dr. Langley's monthly earning potential is at least $29,000.00. The appellant argues that the district court erred in finding that he was underemployed when he lost his job as a result of Hurricane Katrina.

The district court's factual finding that Dr. Langley is underemployed is subject to appellate review under the clearly wrong/manifest error standard and may not be set aside so long as it is reasonable, even if this court would have made a different factual finding as an original matter. Rosell v. ESCO, 549 So.2d 840 (La.1989). "Voluntary underemployment is a fact driven consideration." Koch v. Koch, 97-1600, p. 5 (La.App. 4 Cir. 4/22/98), 714 So.2d 63, 66. For the purpose of calculating a child support award, *884 voluntary underemployment is a question of good faith on the obligor-spouse in reducing his income. Hansel v. Hansel, 00-1914, p. 6 (La.App. 4 Cir. 11/21/01), 802 So.2d 875, 880 (citing Gould v. Gould, 28, 996 (La.App. 2 Cir. 1/24/97), 687 So.2d 685).

Dr. Langley contends that since he lost his job at Methodist Hospital as a result of Hurricane Katrina, the legal conclusion that he is underemployed is legally unsupportable. Ms. Langley argues that Dr. Langley is underemployed in that he could be earning the income that he earned prior to Hurricane Katrina.

To support his argument assigning error to the district court's finding that he is underemployed, Dr. Langley cites La. R.S. 9:315.11(C), which provides that:

A party shall not be deemed voluntarily unemployed or underemployed if he or she has been temporarily unable to find work or has been temporarily forced to take a lower paying job as a direct result of Hurricane Katrina or Rita.

In La. R.S. 9:315(C)(5), the definition of underemployment is included in the definition of income as follows:

(a) Actual gross income of a party, if the party is employed to full capacity; or

(b) Potential income of a party, if the party is voluntarily unemployed or underemployed. A party shall not be deemed voluntarily unemployed or underemployed if he or she is absolutely unemployable or incapable of being employed, or if the unemployment or underemployment results through no fault or neglect of the party.

According to La. R.S.

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982 So. 2d 881, 2008 WL 796442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/langley-v-langley-lactapp-2008.