STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
07-1267
NATALIE JEANNE EDMONDS LORD
VERSUS
BRETT KENNETH LORD
************
APPEAL FROM THE THIRTY-SIXTH JUDICIAL DISTRICT COURT PARISH OF BEAUREGARD, NO. 2004-1100 HONORABLE HERMAN I. STEWART, DISTRICT JUDGE
MICHAEL G. SULLIVAN JUDGE
Court composed of Sylvia R. Cooks, Oswald A. Decuir, Michael G. Sullivan, Elizabeth A. Pickett, and Billy Howard Ezell, Judges.
Cooks, J., concurs in part, dissents in part, and assigns written reasons.
REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.
Martha Ann O’Neal O’Neal & Leavoy Post Office Box 1055 DeRidder, Louisiana 70634 (337) 462-6051 Counsel for Plaintiff/Appellee: Natalie Jeanne Edmonds Lord
Mitchel M. Evans, II Attorney at Law 416 North Pine Street DeRidder, Louisiana 70634 (337) 462-5225 Counsel for Defendant/Appellant: Brett Kenneth Lord SULLIVAN, Judge.
Brett Lord appeals the trial court’s judgment awarding an increase in child
support to his ex-wife. We reverse the increase and remand for further proceedings.
Facts
Brett and Natalie Lord were divorced in November 2005. All matters
pertaining to the custody and support of their two minor children were resolved by
virtue of a Stipulated Judgment dated December 30, 2004, and all issues pertaining
to the community of assets and liabilities existing between them were addressed in
a community property partition.
In February 2007, Natalie filed a rule to increase child support. Brett filed a
Peremptory Exception of No Right of Action and/or No Cause of Action, Res
Judicata. After a hearing, the trial court denied the exceptions. Thereafter, the parties
appeared before a hearing officer, who recommended increasing Brett’s monthly child
support obligation from $1,350 to $1,783. Neither party requested a hearing before
the trial court, and the trial court signed a judgment which declared the Hearing
Officer’s recommendations to be the judgment of the trial court.
Brett appeals, assigning error with the trial court’s denial of his exceptions and
with the Hearing Officer’s increase in his child support obligation.
Discussion
Exceptions
Brett first contends that the trial court erred in denying his exception of res
judicata. The general rule of res judicata is that “a valid and final judgment is
conclusive between the same parties, except on appeal or other direct review.”
La.R.S. 13:4231. See also La.Civ.Code art. 425, which requires a litigant to assert
1 “all causes of action arising out of the transaction or occurrence that is the subject
matter of the litigation.” Custody, visitation, and support of minor children are
exceptions to the general rule. La.R.S. 13:4232; La.Civ.Code art. 425(B).
Brett argues that the Stipulated Judgment addresses his future child support
obligations; therefore, Natalie’s claim for modification of his child support obligation
is res judicata and/or precluded by its disposition in the Stipulated Judgment. He
quotes the following provision of the Stipulated Judgment as support for this
argument:
Appearers have further agreed that BRETT KENNETH LORD, shall pay to NATALIE JEANNE LORD the full sum of ONE THOUSAND THREE HUNDRED FIFTY AND NO/100 ($1,350.00) DOLLARS, each month for the care and support of the minor children of the marriage, to be paid on the first day of each month beginning on January 1, 2005. That NATALIE JEANNE LORD, born Edmonds, shall pay all day care costs. That child support shall be reduced to the sum of ONE THOUSAND AND NO/100 ($1,000.00) per month upon the youngest child of the marriage, Jackson Kenneth Lord, entering kindergarten.
(Emphasis added.)
The trial court determined that the Stipulated Judgment did not limit future
modifications of support because it did not provide that the child support payments
established therein “should not be modified or why they should not be modified.” We
find no error with this conclusion.
We also find no error with the trial court’s conclusion that Natalie stated a
cause of action in her rule to show cause. Brett contends that the rule to show cause
fails to state a cause of action because the Stipulated Judgment clearly reflects that
he and Natalie agreed to a “staged reduction” of child support. We have reviewed the
Stipulated Judgment; it does not clearly state that Brett and Natalie contemplated
future child support obligations when they agreed to the terms therein.
2 Brett also asserts that Natalie has no standing to seek an increase in child
support but does not address this claim separately from the issue of res judicata.
Accordingly, we do not address the issue of standing, finding that the claim was
abandoned. Uniform Rules of Louisiana Courts of Appeal, Rule 2-12.4.
Increase in Child Support Obligation
In her rule to increase child support, Natalie asserted the following changes of
circumstances warranted an increase in Brett’s child support obligation: medical
costs for one of the children had increased; she had to pay child care for the two
children; and Brett had an increase in income. In opposition to Natalie’s claims, Brett
argued that his assumption of extraordinary community obligations in the community
property partition should have been considered in conjunction with the request for an
increase in child support.
Natalie had the burden of proving that a material change in circumstances had
occurred since the Stipulated Judgment. La.Civ.Code art. 142; La.R.S. 9:311. See
also Ezernack v. Ezernack, 04-1584 (La.App. 3 Cir. 4/6/05), 899 So.2d 198. The
record does not contain any evidence concerning either party’s income when the
Stipulated Judgment was approved or the circumstances under which the Stipulated
Judgment was reached. The Hearing Officer relieved Natalie of her burden of
proving a substantial change of circumstances, finding that she had shown a
substantial change in circumstances which warranted an increase in Brett’s child
support obligation simply because “the first amount was set by stipulation without a
worksheet.” This was legal error. In Evans v. Lungrin, 97-541 (La. 2/6/98), 708
So.2d 731, the supreme court explained, “[a] legal error occurs when a trial court
applies incorrect principles of law and such errors are prejudicial. Legal errors are
3 prejudicial when they materially affect the outcome and deprive a party of substantial
rights.” Id. at 735. Awarding Natalie an increase in child support without requiring
her to prove that she is legally entitled to it was prejudicial to Brett. Therefore, the
increase must be reversed.
Reversal of the increase in Brett’s child support obligation pretermits review
of Brett’s remaining contentions as the matter must be retried on remand.
Disposition
The trial court’s increase of Brett’s child support obligation is reversed, and the
matter is remanded to the trial court for further proceedings. Costs are assessed to
Natalie Lord.
4 STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
COOKS, J., concurs in part and dissents in part.
In its ruling recommending an increase in the child support obligation, the
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STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
07-1267
NATALIE JEANNE EDMONDS LORD
VERSUS
BRETT KENNETH LORD
************
APPEAL FROM THE THIRTY-SIXTH JUDICIAL DISTRICT COURT PARISH OF BEAUREGARD, NO. 2004-1100 HONORABLE HERMAN I. STEWART, DISTRICT JUDGE
MICHAEL G. SULLIVAN JUDGE
Court composed of Sylvia R. Cooks, Oswald A. Decuir, Michael G. Sullivan, Elizabeth A. Pickett, and Billy Howard Ezell, Judges.
Cooks, J., concurs in part, dissents in part, and assigns written reasons.
REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.
Martha Ann O’Neal O’Neal & Leavoy Post Office Box 1055 DeRidder, Louisiana 70634 (337) 462-6051 Counsel for Plaintiff/Appellee: Natalie Jeanne Edmonds Lord
Mitchel M. Evans, II Attorney at Law 416 North Pine Street DeRidder, Louisiana 70634 (337) 462-5225 Counsel for Defendant/Appellant: Brett Kenneth Lord SULLIVAN, Judge.
Brett Lord appeals the trial court’s judgment awarding an increase in child
support to his ex-wife. We reverse the increase and remand for further proceedings.
Facts
Brett and Natalie Lord were divorced in November 2005. All matters
pertaining to the custody and support of their two minor children were resolved by
virtue of a Stipulated Judgment dated December 30, 2004, and all issues pertaining
to the community of assets and liabilities existing between them were addressed in
a community property partition.
In February 2007, Natalie filed a rule to increase child support. Brett filed a
Peremptory Exception of No Right of Action and/or No Cause of Action, Res
Judicata. After a hearing, the trial court denied the exceptions. Thereafter, the parties
appeared before a hearing officer, who recommended increasing Brett’s monthly child
support obligation from $1,350 to $1,783. Neither party requested a hearing before
the trial court, and the trial court signed a judgment which declared the Hearing
Officer’s recommendations to be the judgment of the trial court.
Brett appeals, assigning error with the trial court’s denial of his exceptions and
with the Hearing Officer’s increase in his child support obligation.
Discussion
Exceptions
Brett first contends that the trial court erred in denying his exception of res
judicata. The general rule of res judicata is that “a valid and final judgment is
conclusive between the same parties, except on appeal or other direct review.”
La.R.S. 13:4231. See also La.Civ.Code art. 425, which requires a litigant to assert
1 “all causes of action arising out of the transaction or occurrence that is the subject
matter of the litigation.” Custody, visitation, and support of minor children are
exceptions to the general rule. La.R.S. 13:4232; La.Civ.Code art. 425(B).
Brett argues that the Stipulated Judgment addresses his future child support
obligations; therefore, Natalie’s claim for modification of his child support obligation
is res judicata and/or precluded by its disposition in the Stipulated Judgment. He
quotes the following provision of the Stipulated Judgment as support for this
argument:
Appearers have further agreed that BRETT KENNETH LORD, shall pay to NATALIE JEANNE LORD the full sum of ONE THOUSAND THREE HUNDRED FIFTY AND NO/100 ($1,350.00) DOLLARS, each month for the care and support of the minor children of the marriage, to be paid on the first day of each month beginning on January 1, 2005. That NATALIE JEANNE LORD, born Edmonds, shall pay all day care costs. That child support shall be reduced to the sum of ONE THOUSAND AND NO/100 ($1,000.00) per month upon the youngest child of the marriage, Jackson Kenneth Lord, entering kindergarten.
(Emphasis added.)
The trial court determined that the Stipulated Judgment did not limit future
modifications of support because it did not provide that the child support payments
established therein “should not be modified or why they should not be modified.” We
find no error with this conclusion.
We also find no error with the trial court’s conclusion that Natalie stated a
cause of action in her rule to show cause. Brett contends that the rule to show cause
fails to state a cause of action because the Stipulated Judgment clearly reflects that
he and Natalie agreed to a “staged reduction” of child support. We have reviewed the
Stipulated Judgment; it does not clearly state that Brett and Natalie contemplated
future child support obligations when they agreed to the terms therein.
2 Brett also asserts that Natalie has no standing to seek an increase in child
support but does not address this claim separately from the issue of res judicata.
Accordingly, we do not address the issue of standing, finding that the claim was
abandoned. Uniform Rules of Louisiana Courts of Appeal, Rule 2-12.4.
Increase in Child Support Obligation
In her rule to increase child support, Natalie asserted the following changes of
circumstances warranted an increase in Brett’s child support obligation: medical
costs for one of the children had increased; she had to pay child care for the two
children; and Brett had an increase in income. In opposition to Natalie’s claims, Brett
argued that his assumption of extraordinary community obligations in the community
property partition should have been considered in conjunction with the request for an
increase in child support.
Natalie had the burden of proving that a material change in circumstances had
occurred since the Stipulated Judgment. La.Civ.Code art. 142; La.R.S. 9:311. See
also Ezernack v. Ezernack, 04-1584 (La.App. 3 Cir. 4/6/05), 899 So.2d 198. The
record does not contain any evidence concerning either party’s income when the
Stipulated Judgment was approved or the circumstances under which the Stipulated
Judgment was reached. The Hearing Officer relieved Natalie of her burden of
proving a substantial change of circumstances, finding that she had shown a
substantial change in circumstances which warranted an increase in Brett’s child
support obligation simply because “the first amount was set by stipulation without a
worksheet.” This was legal error. In Evans v. Lungrin, 97-541 (La. 2/6/98), 708
So.2d 731, the supreme court explained, “[a] legal error occurs when a trial court
applies incorrect principles of law and such errors are prejudicial. Legal errors are
3 prejudicial when they materially affect the outcome and deprive a party of substantial
rights.” Id. at 735. Awarding Natalie an increase in child support without requiring
her to prove that she is legally entitled to it was prejudicial to Brett. Therefore, the
increase must be reversed.
Reversal of the increase in Brett’s child support obligation pretermits review
of Brett’s remaining contentions as the matter must be retried on remand.
Disposition
The trial court’s increase of Brett’s child support obligation is reversed, and the
matter is remanded to the trial court for further proceedings. Costs are assessed to
Natalie Lord.
4 STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
COOKS, J., concurs in part and dissents in part.
In its ruling recommending an increase in the child support obligation, the
hearing officer noted the original stipulated child support amount of $1,350.00 was
done without use of a worksheet. La.R.S. 9:315.1 provides “[t]here shall be a
rebuttable presumption that the amount of child support obtained by use of the
guidelines set forth in this Part is the proper amount of child support.” However, as
the hearing officer noted the original amount was not supported by a worksheet.
Without the appropriate and required documentation in regard to the parties’
gross income and adjusted gross income, a proper calculation of the basic child
support obligation cannot be made. Phillips v. Phillips, 595 So.2d 732 (La.App. 5
Cir.1992). The hearing officer undoubtedly concluded that without the use of a
worksheet to determine the appropriate child support obligation, a proper calculation
under the child support obligation articles was not made. Thus, Natalie did not have
to overcome any burden of showing a substantial change in circumstances, as the
earlier child support amount was derived from an improper calculation. In Stewart
v. Carter, 93-830 (La.App. 3 Cir. 3/2/94), 634 So.2d 1226, this court found even
though a worksheet appeared in the record, it could not be given any evidentiary
weight in assessing the amount of child support because the record did not indicate
who prepared the document. Thus, finding the document legally deficient, the
appellate court held the “trial court could not properly apply the guidelines and neither can we.” Id. at 1231. Accordingly, this court remanded the case for a proper
recalculation of the child support obligation based on the present circumstances of the
parties. In this case, no worksheet was completed and the hearing officer apparently
gave no weight to the previous joint stipulation between the parties that form the
basis of the prior support order. I do not agree with the majority’s conclusion that
this was legal error. The earlier order did not comply with the requirements set forth
in the child support articles. I also find without merit the majority’s conclusion that
the hearing officer awarded “Natalie an increase in child support without requiring
her to prove that she is legally entitled to it. . .” Clearly, the hearing officer found an
increase in child support was warranted after completing the worksheet statutorily
required to determine the appropriate amount of child support. As noted, Natalie was
not required to overcome any “presumptive” burden because the previous order was
not supported by the necessary documentation mandated by statute. Therefore, I
would affirm the judgment in its entirety without remand.