Piccione v. Piccione

824 So. 2d 427, 2002 WL 1023086
CourtLouisiana Court of Appeal
DecidedMay 22, 2002
Docket01-1086
StatusPublished
Cited by13 cases

This text of 824 So. 2d 427 (Piccione v. Piccione) 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
Piccione v. Piccione, 824 So. 2d 427, 2002 WL 1023086 (La. Ct. App. 2002).

Opinion

824 So.2d 427 (2002)

Susan Elizabeth Jackson PICCIONE
v.
Richard James PICCIONE.

No. 01-1086.

Court of Appeal of Louisiana, Third Circuit.

May 22, 2002.

*428 Helen J. Popich, Lafayette, LA, for Plaintiff/Appellee: Susan Elizabeth Piccione.

David A. Blanchet, Blanchet & Knox, LLC, Lafayette, LA, for Defendant/Appellant: Richard James Piccione.

Court composed of ULYSSES GENE THIBODEAUX, MARC T. AMY and ELIZABETH A. PICKETT, Judges.

*429 PICKETT, Judge.

FACTS

Dr. Richard James Piccione and Susan Jackson Piccione were married on May 7, 1993. Of the marriage, two children were born. Caroline Elizabeth Piccione was born on April 15, 1997, and Jackson Paul Piccione was born on May 28, 1999. The parties physically separated in June of 1999.

On July 7, 1999, Mrs. Piccione filed a Petition for Divorce wherein she sought child support, interim periodic support, use of the 1998 Jeep Grand Cherokee, and use and occupancy of the family home. The parties were divorced by judgment rendered on January 27, 2000. The issues of child support, interim periodic support and the use of the family home were not taken up at that time.

Numerous hearings were conducted by a hearing officer in these matters. On April 18, 2000, the hearing officer issued a recommendation concerning child support, interim periodic support, and the payment of the house note on the family home. This recommendation, however, was neither reduced to a written order nor filed into the record of the proceeding. The record was supplemented on December 6, 2001, on the motion of Mrs. Piccione.

On April 26, 2000, both parties filed exceptions to the hearing officer's recommendations. On May 22, 2000, Mrs. Piccione filed a Rule for Contempt alleging that Dr. Piccione had failed to pay child support, interim periodic support, and the house note as recommended by the hearing officer, in violation of Local Court Rule 65(C)(8). Additionally, Mrs. Piccione sought attorney's fees and court costs. Mrs. Piccione also filed a Rule to Extend the Payment of Interim Periodic Spousal Support seeking to have spousal support extended until the youngest child was five years of age based upon an allegation that it was the parties' intention during the marriage that she would not return to work until the children were of school age. In response to this last motion, Dr. Piccione filed an Exception of No Cause of Action.

A hearing was held on the exceptions and rules filed by the parties on June 19 and 20, 2000. The court denied Dr. Piccione's exception of no cause of action, but later granted an involuntary dismissal of Mrs. Piccione's rule to extend interim periodic support. The court found Dr. Piccione in contempt of court for failure to pay child support and interim periodic support, in violation of Local Court Rule 65(C)(8), and ordered the arrearages be paid retroactive to April 1, 2000. The court further awarded attorney fees and took the remaining issues under advisement.

Written Reasons for Ruling were signed and filed by the court on October 27, 2000, at which time a judgment was also signed. The court found Dr. Piccione's monthly income to be $26,000.00, and determined that the needs and lifestyle of the children mandated an award of $6,000.00 per month in child support. The court found Dr. Piccione to be 100% responsible for the child support obligation and ordered him to maintain health and hospitalization and dental insurance on the two minor children plus pay all uncovered medical and dental expenses. Interim periodic support was set in the amount of $3,470.00. Although the court did not address the reasonable rental value of the home, the parties had stipulated at the June 19th hearing that Mrs. Piccione could have use and occupancy of the family home and that the reasonable rental value was $1,400.00 per month.

When the formal judgment was rendered on October 27, 2000, the court modified its Reasons for Ruling to include a provision reflecting Dr. Piccione's *430 entitlement to reasonable rental value in the amount of $700.00 per month, commencing June 19, 2000.

Both parties have appealed the judgment.

ASSIGNMENTS OF ERROR

Dr. Piccione, the original appellant herein, filed three separate assignments of error as follows:

1) The Court abused its discretion in awarding child support for the two minor children in the amount of $6,000.00 per month and in awarding interim periodic spousal support in the amount of $3,470.00 per month.
2) The Court abused its discretion in finding Dr. Piccione in contempt of court for failing to pay spousal support and child support in accordance with the recommendations of the hearing officer.
3) The Court abused its discretion in assessing the rental value on the family home from June 19, 2000, the date of the hearing, rather than from the date Mrs. Piccione filed the rule for use and occupancy on July 7, 1999.

Mrs. Piccione, plaintiff-appellee, has filed five separate assignments of error as follows:

1) The trial court erred when it found Dr. Piccione's monthly income was $26,000.00 per month when his proven monthly income is $32,779.33.
2) The trial court erred when it awarded $6,000.00 in monthly child support although the children have proven monthly expenses of $8,179.00 per month and Dr. Piccione's proven monthly income is $32,779.33.
3) The trial court erred when it awarded $3,470.00 in monthly interim spousal support when Mrs. Piccione's proven expenses are $4,378.54 and Dr. Piccione's proven monthly income is $32,779.33.
4) The trial court erred when it denied Mrs. Piccione's request for an extension of the interim spousal support pursuant to La.Civ.Code art. 113.
5) The trial court erred in awarding Dr. Piccione rental value for the minor children's and Mrs. Piccione's use and occupancy of the family home.

Child Support and Interim Periodic Spousal Support

Dr. Piccione's assignment of error number 1 and Mrs. Piccione's assignments of error numbers 1, 2, and 3, all involve the trial court's determination of the amount of child support and interim spousal support to be paid by Dr. Piccione. These assignments will therefore be discussed together.

Both parties argue that the trial court erred in determining Dr. Piccione's income to be $26,000.00 per month. Mrs. Piccione argues that the facts establish his gross monthly income to be $32,779.33, while Dr. Piccione argues his gross monthly income is $20,133.00. Dr. Piccione further argues that his net income, rather than his gross income, should have been considered by the trial court.

The determination of the amount of Dr. Piccione's gross monthly income is a finding of fact subject to manifest error review, and one which cannot be set aside by a reviewing court unless it is clearly wrong or manifestly erroneous. Rosell v. ESCO, 549 So.2d 840 (La.1989).

The trial court made a finding of fact that Dr. Piccione's gross monthly income is $26,000.00. Extensive testimony was heard by the court from two expert witnesses, both accountants, who gave a detailed overview of the Piccione's finances, including both income and expenditures. Each had different opinions as to what should be included in the calculation *431 of Dr. Piccione's gross income.

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Bluebook (online)
824 So. 2d 427, 2002 WL 1023086, Counsel Stack Legal Research, https://law.counselstack.com/opinion/piccione-v-piccione-lactapp-2002.