Leonard v. Leonard

615 So. 2d 909, 1993 WL 64387
CourtLouisiana Court of Appeal
DecidedMarch 5, 1993
Docket92 CA 1322
StatusPublished
Cited by3 cases

This text of 615 So. 2d 909 (Leonard v. Leonard) 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
Leonard v. Leonard, 615 So. 2d 909, 1993 WL 64387 (La. Ct. App. 1993).

Opinion

615 So.2d 909 (1993)

Patricia Abadie LEONARD
v.
Philip Joseph LEONARD.

No. 92 CA 1322.

Court of Appeal of Louisiana, First Circuit.

March 5, 1993.

*910 Stephen Peters, Baton Rouge, for plaintiff-appellant Patricia Abadie Leonard.

E. Buddy Thompson, Baton Rouge, for defendant-appellee Philip Joseph Leonard.

Before WATKINS, CRAIN and GONZALES, JJ.

CRAIN, Judge.

Plaintiff Patricia Leonard appeals the amount and composition of a judgment ordering child support payments for the three minor children of the marriage.

*911 Philip Leonard and Patricia Abadie were married on December 16, 1972. There were three children born of their union: Amanda, age 13; Brent, age 10; and Brett, age 9. At the time of trial the defendant had provisional custody of the oldest child and the two younger children resided with the plaintiff as the custodial parent.

The couple secured a judicial separation on February 4, 1991. They were divorced on July 23, 1991.

On November 4, 1991, a hearing on a rule for custody and support was heard before the district court. On March 11, 1992, a judgment issued on these rules. The judgment consisted of both, a joint stipulation of the parties and order of the court.

By stipulation, the parties agreed to the nature and conditions of the custody and visitation of the three minor children. They also agreed to the cessation of payments, by the defendant, of house and car notes, retroactively effective to April 9, 1991. Finally, they agreed that any overpayments, by Mr. Leonard, of these obligations, would be credited against his future child support obligation, over a period of the next 12 months.

The court ordered portion of the judgment, which is the subject of this appeal, reads in pertinent part:

IT IS ORDERED, ADJUDGED AND DECREED that the sum of $250.00 dollars is added to the basic income of Mr. Leonard in that his company pays the medical insurance premium for he [sic] and the minor children bringing his monthly gross income to the sum of $3,066.00 dollars.
IT IS ORDERED, ADJUDGED AND DECREED that the court finds Mrs. Leonard underemployed to the extent that she was previously employed in the sum of $1,126.66 per month and that there has been no evidence to show that she has made any attempts to secure employment paying more or even interview for one paying more than $860.00 dollars per month.
IT IS ORDERED, ADJUDGED AND DECREED that Mrs. Leonard is employable in the sum of $1,126.66 per month therefore bringing the total combined gross income of the parties to $4,192.66.
IT IS ORDERED, ADJUDGED AND DECREED that the percentage breakdown is as follows:
Mr. Leonard is responsible for .73% [sic]
Mrs. Leonard is responsible for .27% [sic]
IT IS ORDERED, ADJUDGED AND DECREED that under the guidelines the combined gross income for three (3) children is $1,181.00. For one (1) child it is $393.66 and Mrs. Leonard's 27% of that amount is $106.28. To the extent that Mr. Leonard is cast for child support of the two (2) minor children in the physical custody of Mrs. Leonard she is entitled to a credit in that amount.
IT IS ORDERED, ADJUDGED AND DECREED that the shares for two (2) children under the guidelines is $787.34. Mr. Leonard's percentage of that amount, i.e. 73% is $574.75 and he is accordingly cast for child support in that amount retroactive to August 1, 1991 subject to a credit by Mrs. Leonard of the amount of child support she is cast for retroactive to August 1, 1991 in the amount of $106.28 per month.
IT IS ORDERED, ADJUDGED AND DECREED that with respect to the health insurance and the non-reimbursed medicals including the deductible Mrs. Leonard is responsible for .27% [sic] of these amounts including the premium paid by the company and Mr. Leonard is responsible for .73% [sic] retroactive to August 1, 1991.
IT IS ORDERED, ADJUDGED AND DECREED that with respect to daycare expense, Mr. Leonard is responsible for.73% [sic] of daycare costs incurred and Mrs. Leonard is responsible for .27% [sic] and Mrs. Leonard is to provide Mr. Leonard with a verified receipt for daycare costs after they are incurred and Mr. Leonard is to reimburse Mrs. Leonard his percentage (%) of that receipt within seven (7) days of receipt of the receipt retroactive to August 1, 1991.

*912 On appeal, Mrs. Leonard contends that the trial court erred in finding she was underemployed and by using her potential income in establishing the child support obligation. Mrs. Leonard also contests the court's method of implementing the statutory guidelines in establishing child support. La.R.S. 9:315 et seq.

In her first four assignments of error Mrs. Leonard contends that the trial court erred in finding that she was underemployed and by utilizing her potential income, rather than her actual income, in arriving at the combined gross income and child support figures owed for the three minor child. We do not agree.

The trial court found that Mrs. Leonard was underemployed in that she is now earning $860 per month, but she had previously earned $1,126.66 per month. Based upon her potential earnings, the court added this figure to the gross monthly income of her former husband ($3,066.00) and arrived at a total combined gross income for the parties of $4,192.66. Utilizing these respective earnings figures, the court concluded that plaintiff would be responsible for 27% of the support payments and her former husband's responsibility would be 73%. Accordingly, since the guidelines indicated a total support figure of $1,181.00 for three children, based upon these percentages, the plaintiff would owe monthly $106.28 for the one child cared for by her former husband and $212.59 for the two children in her care; while defendant would owe monthly $287.38 for the one child cared for by him and $574.75 for the two children cared for by his former wife.

The record reveals the following facts concerning the issue of the plaintiff's underemployment:

On November 4, 1991, at the time of the hearing on the rule for support, Patricia Leonard testified that she was employed as a secretary and bookkeeper for Southland Construction Company. She had been so employed since May 15, 1991. She testified that she earned $5.00 per hour for a 40 hour week and thus, had a gross income of $200 per week.

Prior to this time she was employed by Thermal Performance as a bookkeeper earning $260 per week (of which $40 was a reimbursement for gasoline). She stated that she left this job because it was a new business which could not support her salary. She admitted that she now earns $240 per month less than she did at Thermal Performance. Her current salary is $866 per month.

According to Mrs. Leonard she has looked for a higher paying job since she left school (from December through February). She also stated that she continues to search for a higher paying job without success.

It is clear, from the court's reasons for judgment, that the trial court did not believe Mrs. Leonard's unsubstantiated testimony concerning her alleged unsuccessful efforts to secure more lucrative employment. The court stated the following:

The Court further finds that Mrs. Leonard is underemployed to the extent that she was previously employed in the sum of $1,126.66 per month. Mrs.

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Bluebook (online)
615 So. 2d 909, 1993 WL 64387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leonard-v-leonard-lactapp-1993.