Reine v. Williams

536 So. 2d 760, 1988 WL 136655
CourtLouisiana Court of Appeal
DecidedDecember 14, 1988
DocketNos. 88-CA-437, 88-CA-438
StatusPublished

This text of 536 So. 2d 760 (Reine v. Williams) 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
Reine v. Williams, 536 So. 2d 760, 1988 WL 136655 (La. Ct. App. 1988).

Opinion

CHEHARDY, Chief Judge.

In these consolidated cases, Shawn Williams appeals a judgment of separation (case No. 88-CA-437) and a judgment of divorce (ease No. 88-CA-438) between him and his wife, Raylyn Reine Williams. The two judgments were rendered on March 24, 1988, within 10 minutes of each other.

In the first judgment, rendered at 3:30 p.m., appellant and his wife were judicially separated and found to be mutually at fault. Shawn Williams was ordered to pay child support in the amount of $650 per month for his infant daughter, whose custody had been assigned to the mother under a previous order. In the second judgment, rendered at 3:40 p.m., the parties were divorced and the previous orders of custody and support maintained.

(The divorce suit had been filed some months after the separation suit and alleged adultery against Shawn Williams. At the trial of both cases, the parties admitted neither was free from fault in the separation. The divorce was granted on the basis of the judicial separation, without mention of adultery.)

The only aspects of the judgments contested are the parts setting the amount of the child support payments. (The separation judgment also made a retroactive alimony pendente lite award of $500 per month to the wife, who was on a six-month maternity and sick leave when the parties separated. That award is not contested on appeal.)

Appellant contends the amount of the child support award is excessive. He asserts the trial court erred in failing to consider (1) the age of the child at the time of the award (nine months), (2) the infant’s lifestyle prior to the separation (the parents agreed to separate when the child was less than two months old), (3) the excessiveness of the expenses attributed to the child by the mother, and (4) the gainful employment of both spouses. He also asserts the court erred in considering his prior income and financial position in determining his ability to pay, when his ability to pay has been greatly reduced by a job change.

The transcript reveals the following facts:

The parties were married for five years. For eleven years preceding the institution of the separation action Shawn Williams had been an oyster fisherman, originally employed by Calvin’s Seafood, a business owned by his parents, Calvin and Elsie Williams. Shawn worked on two oyster luggers owned by his parents. Raylyn Reine Williams is a legal secretary employed by the Jefferson Parish Juvenile Court.

In March 1987, both the oyster boats, plus the leases to 900 acres of oyster beds, were transferred by Shawn’s parents to three corporations, each apparently having as its sole asset one of the transferred items: Captain Scott, Inc. (the M/V CAPTAIN SCOTT, valued at $55,000), Shawlyn, Inc. (the M/V SHAWLYN, valued at $181,-000), and Shawlyn Oysters, Inc. (the oyster leases, whose value Shawn estimated as $50,000-$60,000, although he admitted that [762]*762a year earlier he had valued them at $180,-000 on a loan application). Shawn and Ray-lyn are the sole owners of the shares in the corporations.

On August 20, 1987, Raylyn filed a petition for separation, with requests for ancillary orders. Approximately one month later, she filed an independent suit to place the three corporations in involuntary liquidation. Subsequently Raylyn was appointed liquidator of the corporations by the court.

Shawn’s and Raylyn’s 1986 joint federal income tax return showed a gross income for the oyster business, listed on the return as Shaw Lynn Oysters, in excess of $89,-000. After deduction of overhead expenses and depreciation, the return reflected the business had suffered a net loss of $21,645. (Shawn admitted, however, that the depreciation expense of $20,000 for the two boats was not an expense requiring a cash outlay.)

At the time of the March 1988 hearing, a 1987 return was not available. (Apparently none had been made, because the parties had been disputing over access to the corporation documents, which were in the possession of Shawn’s parents.)

Shawn admitted that, following the appointment of Raylyn as liquidator of the three corporations, he deliberately quit his job as captain of the oyster vessels because he refused to work for his wife, who he says knows nothing about the fishing industry. He remarked, “I like to conduct business on my own.” He also stated that the oyster business had been very bad due to pollution in the waters. He subsequently obtained a position as captain of a crew boat for another company, for which his net salary is $1,594 per month.

He listed his gross monthly income as $2,391.64 and his total monthly expenses as $2,429.98. One of the listed expenses was an automobile mortgage note of $182.74 per month, paid to Shawn’s father, for a pickup truck. Shawn testified the pickup truck was given to him by his father to use in the business and admitted that he had not begun making payments to his father for the truck until after he separated from Raylyn.

Questioned about the insurance premiums and payments on two bank notes shown on his expense list, Shawn admitted that, since the separation, he had been turning over his paycheck to his mother and she had been paying his bills through Calvin’s Seafood because it “has always been run as a family business.” He said his mother paid any debts for which he did not have enough money.

He stated he had paid $2,650 for child support since he and Raylyn had physically separated.

Testimony from Shawn, Raylyn, and Shawn’s mother established that Shawn received substantial amounts of cash from his parents. Prior to the parties’ physical separation, Raylyn handled the bank deposits for herself and Shawn. She testified the cash Shawn received from his parents was as much as $2,000 to $3,000 per month. After formation of the corporations Shawn was paid a salary of $2,400 a month by the corporations. He admitted that prior to the formation of the corporations he received income as he needed it from his parents’ business.

Shawn also testified that when the corporations were formed in March 1987, his parents turned over the boats and leases to the corporations but no money changed hands, although only he and Raylyn held shares in the corporations.

Raylyn’s position at the juvenile court pays her a net monthly salary of $901.99. In addition, at the time of the hearing she was owed six months of alimony pendente lite, giving her additional income for that period of $2,350 or approximately $392 per month. She listed her total net monthly income as $1,293.65 and her total monthly expenses as $3,691.44.

Raylyn’s expense list also listed community assets exceeding $370,000 — primarily the stock in the corporations, although the rights to these are currently being litigated between Raylyn on the one hand and Shawn and his parents on the other. Shawn’s statement, on the other hand, listed only $20,000 as community assets. (His [763]*763statement, unlike Raylyn’s, omitted the value of the stock in the three corporations.)

Raylyn listed her expenses for the baby as $200 for food, $76.50 for medical and dental expenses, $279.38 for clothing, $83.99 for health insurance, $433.08 for child care while she is at work, $27.30 for recreation, and $25.20 for gifts and donations, totaling $1,125.40.

She testified that Shawn’s salary after formation of the corporations was $2,400.

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Related

Gros v. Gros
463 So. 2d 37 (Louisiana Court of Appeal, 1985)
Ducote v. Ducote
339 So. 2d 835 (Supreme Court of Louisiana, 1976)
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480 So. 2d 458 (Louisiana Court of Appeal, 1985)

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Bluebook (online)
536 So. 2d 760, 1988 WL 136655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reine-v-williams-lactapp-1988.