Michael D. Lockridge v. Karla D. Lockridge.

77 So. 3d 148, 2011 Ala. Civ. App. LEXIS 194, 2011 WL 3211174
CourtCourt of Civil Appeals of Alabama
DecidedJuly 29, 2011
Docket2091038
StatusPublished
Cited by4 cases

This text of 77 So. 3d 148 (Michael D. Lockridge v. Karla D. Lockridge.) 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
Michael D. Lockridge v. Karla D. Lockridge., 77 So. 3d 148, 2011 Ala. Civ. App. LEXIS 194, 2011 WL 3211174 (Ala. Ct. App. 2011).

Opinion

BRYAN, Judge.

Michael D. Lockridge (“the husband”) appeals from a judgment entered by the Etowah Circuit Court (“the trial court”) that refused to grant him an absolute divorce from Karla D. Lockridge (“the wife”) and that failed to modify certain aspects of a legal-separation judgment that had been entered by the trial court on behalf of the husband and the wife.

Procedural History

The record indicates that the parties were married in February 2001 and that they separated in September 2008. The parties were the parents of one child, a son, who was born in March 2000. On October 3, 2008, the wife filed a complaint for a divorce alleging irreconcilable differences and incompatibility of temperament as grounds for the divorce. She requested, among other relief, that the parties be ordered to provide a college education for the son. The trial court entered a status quo pendente lite order on October 7, 2008, that ordered the parties, among other things, to continue paying fixed monthly expenses in the same manner as they had been paid before the divorce action was filed.

On November 7, 2008, the husband filed an answer to the wife’s complaint and stated that he did not desire a divorce; however, he also filed a counterclaim that requested, among other relief, a division of the marital property and debts.

On March 23, 2009, the wife filed an amended complaint seeking a legal separation from the husband in accordance with § 30-2-40, Ala.Code 1975. The wife alleged that she had had a liver transplant in 2005 and that she had to take expensive “anti-rejection” medication so that her body did not reject the transplanted liver. The wife further alleged that the cost of this medication was completely covered by the husband’s employer’s insurance provider, that she was unemployed, and that she had not been able to find a health-insurance policy that would cover the cost of the anti-rejection medication that she needed.

On March 26, 2009, the trial court entered an order requiring the husband to [150]*150pay the wife child support in the amount of $164 a week; ordered the husband to continue to pay the mortgage on the marital residence, the wife’s automobile-loan payment, and the utility bills; and ordered the wife to pay for “food and incidentals.” On April 6, 2009, the husband objected to the wife’s request for a legal separation and requested an absolute divorce.

The trial court conducted an ore tenus hearing on May 5, 2009. At that hearing, the wife stated that the sole reason she wanted a legal separation rather than an absolute divorce was because she wanted to keep her health-insurance coverage under the plan provided by the husband’s employer. The husband maintained that he wanted a divorce and not a legal separation. The husband acknowledged that, due to the wife’s August 2005 liver transplant, the wife had to take certain medication for the rest of her life to make sure that her body did not reject the transplanted liver. The wife stated that the husband’s employer-provided health insurance paid between $5,000 and $6,000 a month on her behalf for her prescription medication and that she would need that medication for the rest of her life. The wife stated that she had researched the approximate cost of obtaining health insurance considering her medical history, and she testified that the lowest monthly health-insurance plan that she qualified for cost $600 a month.

The wife, who was 36 years old at that time, testified that she had a college degree in computer-information systems and that, before the parties married, she had worked as a computer programmer for two years, earning approximately $35,000 a year, until she was laid off. The son was born shortly thereafter, and the wife did not return to work after giving birth to the son, except as a substitute teacher at the son’s school for a couple of days in 2007. The wife stated that the husband had never asked her to go back to work.

The husband, who was 61 years old and in good health, worked as a comptroller at Ventura Foods, LLC, and he “brought home” $4,200 in income a month. The record indicated that the husband’s gross monthly income was approximately $6,300. The husband paid $300 a month for health insurance through his employer. The husband stated that, considering the state of the economy, he was not guaranteed a job at Ventura Foods much longer.

The husband stated that he wanted joint custody of the son, but he agreed that the wife should have primary physical custody of the son.

The husband testified that the marital residence was in his name and his former’s wife name and that he had been awarded the marital residence in a prior divorce action. According to the husband, the monthly mortgage on the marital residence was approximately $706. The husband stated that he had been living with his mother since the parties separated and that her home was approximately one-quarter of a mile from the marital residence. The husband asked to be awarded the marital residence, and the wife stated that she and the son would have to move in with her grandmother approximately one hour away from the marital residence if she was not permitted to remain in the marital residence. The husband admitted that the marital residence needed repairs. The husband stated that the wife had never paid any household bills during the marriage.

The husband stated that he had been paying $288 a month for the wife’s 2006 Toyota Camry automobile. The husband owned outright a 2002 Buick LeSabre automobile. As of October 2008, the husband had two certificates of deposit (“CDs”) that totaled $16,000. Only one of [151]*151the CDs was held jointly with the wife, and he admitted that he had removed the wife’s name from the CD. The husband stated that he had a 401(k) retirement account through his employer and that the balance of that account was $66,000.

The husband stated that he paid $180 a week in alimony to his former wife. According to the husband, he had not fallen behind on any of his bills since the parties separated. He stated that all the marital debts were in his name and that his monthly expenses were approximately equal to his monthly income.

On May 13, 2009, the trial court entered a “decree of legal separation” that found that the requirements of § 30-2-40(a)(l), (2), and (3), Ala.Code 1975, had been met. The parties were awarded joint legal custody of the son, and the wife was awarded primary physical custody of the son subject to the husband’s visitations rights. The husband was allowed visitation with the son “at all reasonable times and places as agreed to by the parties,” and the wife was “directed to be liberal in establishing visitation for the [husband].... ” The husband was ordered to continue to provide health insurance for the son, and he was required to pay all noneovered medical expenses incurred on behalf of the son. The husband was ordered to continue to pay $164 a week to the wife as child support.

The wife was awarded exclusive and temporary use and possession of the marital residence, and the husband was ordered to pay the mortgage, taxes, and insurance on the marital residence. The husband was also required to pay for a new roof for the marital residence and to pay for repairs to the marital residence caused by water damage. The wife was awarded her 2006 Toyota Camry, and the husband was ordered to pay the monthly car payment on the Camry and the wife’s car insurance. The husband was awarded his 2002 Buick LeSabre.

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Cite This Page — Counsel Stack

Bluebook (online)
77 So. 3d 148, 2011 Ala. Civ. App. LEXIS 194, 2011 WL 3211174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-d-lockridge-v-karla-d-lockridge-alacivapp-2011.