Pellerin v. Pellerin

881 So. 2d 767, 2004 La.App. 4 Cir. 0071, 2004 La. App. LEXIS 2033, 2004 WL 1945299
CourtLouisiana Court of Appeal
DecidedAugust 18, 2004
DocketNo. 2004-CA-0071
StatusPublished

This text of 881 So. 2d 767 (Pellerin v. Pellerin) 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
Pellerin v. Pellerin, 881 So. 2d 767, 2004 La.App. 4 Cir. 0071, 2004 La. App. LEXIS 2033, 2004 WL 1945299 (La. Ct. App. 2004).

Opinions

JjLEON A. CANNIZZARO, JR., Judge.

The appellant in this case, Jerome J. Pellerin, has appealed the trial court’s determination of the amount of monthly child support that he owes. We affirm the trial court’s determination.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

Frankie Faulkner Pellerin filed a petition seeking a divorce from Jerome J. Pellerin. The Pellerins are the parents of two minor sons. In her petition for divorce, Ms. Pellerin requested joint custody of the children, child support, alimony pendente lite, and use of the family residence. After the petition for divorce was filed, there were a number of developments in this case, including two prior appeals to this Court.1

The following list shows the dates and events that are salient to the instant appeal:

August 8,1996

Ms. Pellerin filed a Petition for Divorce seeking a divorce from Mr. Pellerin.

Ii,October 28,1996:

Mr. and Ms. Pellerin executed a Consent Judgment, which stated as follows:

IT IS ORDERED, ADJUDGED AND DECREED that Jerome J. Pelle-rin shall pay one thousand ($1000.00) dollars monthly for the support of the two minor children of the marriage .... Jerome Pellerin shall pay the mortgage on the family home directly and deduct that from this amount from the agreed upon child support. The balance of the child support shall be sent directly to Frankie Pellerin....
[769]*769... Jerome Pellerin shall be given credit for all child support payments made and all tuition paid for the 1996-97 school year.
IT IS FURTHER ORDERED, ADJUDGED and DECREED that this amount of child support is agreed to by both parties as an interim amount only and neither shall be prejudiced at the hearing for child support, should they be eligible for an increase or decrease.

The Consent Judgment also granted the Pellerins joint custody of their sons.

January 10,1997

Ms. Pellerin filed a rule to show cause why Mr. Pellerin should not be required to pay the December 1996 and the January 1997 mortgage payments according to the Consent Judgment.2

March 21,1997

After a trial on Ms. Pellerin’s motion for child support3 and alimony pendente lite, the trial court rendered a judgment (the “Support Judgment”) reading in relevant part as follows:

IT IS ORDERED, ADJUDGED AND DECREED that Jerome Pellerin shall pay $1,879.35 per month in Child Support for the maintenance and support of the | ¡¡minor children. This order is retroactive to August 8, 1996 and is payable on the 1st day of every month.
IT IS ORDERED, ADJUDGED AND DECREED that Jerome Pellerin shall pay $2,000 per month in Alimony Pendente Lite. This order is retroactive to August 18[sic], 1996 and payable on the 1st day of every month.

March 26,1997

Ms. Pellerin filed a motion for an expedited hearing requesting the trial court to require Mr. Pellerin to show cause why, among other things, he should not be held in contempt of court for failing to comply with the Consent Judgment and why he should not be required to pay the mortgage payments due on the family residence through April of 1997.

May 16,1997

Mr. Pellerin was granted a devolutive appeal from the Support Judgment.

July 7,1997

A consent judgment was rendered ordering Mr. Pellerin to pay the mortgage payments due on the family residence for the months of February, March, and April of 1997.

August 4,1997

Ms. Pellerin filed a motion for an expedited hearing alleging that Mr. Pellerin had failed to pay the mortgage payment on the family residence for the months of July and August, 1997, and that he had made only a partial payment for the month of June 1997. Ms. Pellerin asked that Mr. Pellerin be ordered to pay “the mortgage on the family home and all late charges through August, 1997” or, in the alternative, that he pay “child support and alimony pendente lite ... retroactive to August 8, 1997.” Ms. Pellerin also asked that Mr. Pellerin be held in contempt of court for failing to pay child support in accordance with the terms of the Consent | ¿Judgment and the Support Judgment. She further asked that Mr. Pellerin be ordered to pay all unpaid child support payments as of the [770]*770date of the hearing on her motion, interest on the delinquent payments, and the attorneys’ fees and court costs incurred in collecting the amounts due.

October 1,1997

A judgment was rendered finding Mr. Pellerin to be in contempt of court for failing to pay the child support and mortgage payments he owed. He was sentenced to sixty days in jail, but the sentence was suspended. Mr. Pellerin was given seven days to purge himself of contempt by “payment of all arreagages [sic] thru October 1,1997.”

December 3,1997

Ms. Pellerin filed a rule requesting an expedited hearing, because Mr. Pellerin had not paid the mortgage payments for November or December of 1997. Ms. Pellerin alleged that the family residence was in danger of foreclosure. Ms. Pellerin asked the trial court to order Mr. Pellerin to pay the unpaid mortgage payments and all late charges due through December 1997. She also asked that he pay all unpaid child ' support payments that were due, interest on those amounts, and the attorneys’ fees and court costs incurred by Ms. Pellerin in enforcing her rights.

December 19,1997

A judgment was rendered4 finding Mr. Pellerin to be in contempt of court. Mr. Pellerin was sentenced to thirty days in jail, but the sentence was suspended. Mr. Pellerin was given until December 22,1997 to purge himself of contempt by | s“payment of the mortgage.” Mr. Pellerin was also ordered to pay the attorneys’ fees and court costs incurred by Ms. Pellerin in connection with the contempt proceeding.

February 3,1998

Ms. Pellerin filed a rule requesting an expedited hearing, because Mr. Pellerin had not paid the January and February mortgage payments for 1998. Ms. Pellerin feared that the mortgage holder would foreclose on the mortgage on the family residence if the payments were not made. Additionally, Ms. Pellerin alleged that Mr. Pellerin had not yet paid the attorneys’ fees and court costs that had been awarded to her in the December 19, 1997 judgment. Ms. Pellerin asked the trial court to order Mr. Pellerin to show cause why, among other things, (1) he should not be held in contempt for failing to pay child support “in accordance with the terms of the October 28, 1996 Consent Judgment”; (2) he should not pay the mortgage on the family residence and all late charges “through December, 1997”; (3) he should not pay the attorneys fees and court costs that he had been ordered to pay previously; and (4) he should not be ordered to pay “all unpaid child support payments due and payable as of the date of the hearing of this matter.”

February 17,1998

A judgment was rendered5 finding Mr.

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Bluebook (online)
881 So. 2d 767, 2004 La.App. 4 Cir. 0071, 2004 La. App. LEXIS 2033, 2004 WL 1945299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pellerin-v-pellerin-lactapp-2004.