Rhymes v. Rhymes

125 So. 3d 377, 2013 WL 5788760, 2013 La. LEXIS 2242
Supreme Court of Louisiana·Decided October 15, 2013·No. No. 2013-C-0823·Published·Cited by 3 cases

Opinions

KNOLL, Justice.

| ,This final periodic spousal support case presents the res nova issue of whether homeschooling of children born of the marriage is a factor the trial court can consider when awarding final support pursuant to La. Civ.Code art. 112, The District Court found homeschooling was not a factor legally considered in the determination of final support. In a plurality opinion, the Court of Appeal affirmed. We granted writs to address the correctness vel non of the lower courts’ reasoning. Rhymes v. Rhymes, 13-0823 (La.6/28/13), 118 So.3d 1098. For the following reasons, we find the trial court is charged pursuant to La. Civ.Code art. 112 with considering all relevant factors in determining the amount and duration of final support, thus the homeschooling of children born of the marriage can be a relevant factor in the determination of such support. We, therefore, vacate the judgments of the lower courts as to this issue only and remand this matter to the District Court for further proceedings consistent with this opinion.

FACTS

Timothy John Rhymes and Dina Con-stantin Rhymes, who are both mechanical engineers, were married on September 1, 1990. Dina gave birth to- their first child, Lucy Annette Rhymes, on April 13, 1999. At that time, by the parents’ mutual consent, Dina stopped working to stay home with the child. On 12February 3, 2003, the couple’s second child, Jack William Rhymes, was born. Perceiving the public school system in Baton Rouge to be inadequate and the private school system too expensive, the parties decided Dina would homeschool the children. Dina has instructed the children since they were five years of age and continued to do so at the time of trial in this matter.

On July 1, 2008, Timothy and Dina separated, and on July 16, 2009, a judgment of divorce was rendered. Under a joint custody decree, Dina was named domiciliary parent and was awarded child support. On December 9, 2009, a consent judgment was rendered finding Dina “to be without legal fault in the dissolution of the marriage.” In accordance with La. Civ.Code arts. Ill and 112, Dina sought final support from Timothy, claiming as a factor in the determination homeschooling of their two minor children. On December 23, 2009, Timothy filed a rule to show cause why the children should not be enrolled in the public school system, alleging it is in the children’s best interest to “be provided a normal education in the Lafayette Parish School System” and the homeschooling of “the children on a rural farm ... prevents the children from having social interaction with their peers.”

At the outset of the hearing in this matter, however, the parties orally stipulated the children could be homeschooled. In brief to this Court, Timothy explains his withdrawal was not indicative of his approval of homeschooling, but rather, “because he was unprepared, then, to defeat the presumption that DINA’s decision to home-school the children was in their best [379] interest.”1 During the hearing, the court-appointed educational evaluator, Lori Romero, testified “with exception of Jack’s written language skills these children were right on or above” Rtheir educational age levels and the children were “absolutely” “thriving in home school.”2 ■ Moreover, she opined it was in their “best interest to continue with the educational process they’ve had so far” and, although she was not appointed to evaluate the children’s social interactive skills, their social abilities were “absolutely appropriate.”

On July 10, 2012, the District Court found Dina was entitled to final support in the amount of $500 per month for a period of twelve months and to a payment not to exceed $2,400 for a course of study, which would enable her to update her training as a mechanical engineer. Régarding the issue of homeschooling, the District Court specifically found:

It is the opinion of the Court that the law. does not support such a consideration.
LSA-C.C. Art. 112 lists the factors to be considered and home schooling is not one of the factors.
Although some language in Donna G.R. v. James B.R., [89,005 (La.App. 2 Cir. 7/2/04),] 877 So.2d [116] [1164,3 writ denied, 04-1987 (La.9/3/00), 882 So.2d 550] gives support to defendant’s position that home schooling has implications for spousal support, the holding rejects that consideration.
Another C.C. Art. is also pertinent to this decision. Art. 227. Parents have an obligation to support, maintain and educate children. One spouse cannot choose the education obligation to exclusion of the other’s.

Dina appealed the judgment, raising as her only assignment of error the District Court’s finding homeschooling was not a factor in determining final support. A plurality of the Court of Appeal, Third Circuit, agreed with the District Court and affirmed its decision. Rhymes v. Rhymes, 12-1184 (La.App. 3 Cir. 3/13/13), 110 So.3d 286. In reaching this conclusion, Judge Gremillion reasoned in the plurality opinion:

... the main competing interests are the duty owed by a spouse to support her children and her voluntary unemployment versus that spouse’s right to make major decisions regarding her children’s education. We agree with the trial court here ... that a spouse’s voluntary unemployment in order to hom-eschool cannot be attributed to the other spouse in determining final periodic support. Louisiana Revised Statute 9:315.11 states an absolute that an underemployed/unemployed party’s potential income shall be attributed to them unless one of the circumstances listed exists. None do here. It is the legislature’s province to provide an exemption [380] for parents choosing to homeschool, and it did not do so in La.R.S. 9:315.11.

Id. at p. 4, 110 So.3d at 288-89. The opinion further reasoned final support is based on the basic needs of the recipient party in order to sustain life and assist the spouse in returning to the workforce; however, “homeschooling is simply not a basic need as envisioned by the legislature in determining final periodic support, and the duty to support one’s children outweighs a parent’s desire to homeschool them.” Id. at p. 4,110 So.3d at 289.

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Rhymes v. Rhymes, 125 So. 3d 377, 2013 WL 5788760, 2013 La. LEXIS 2242 (La. 2013).

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Rhymes v. Rhymes
125 So. 3d 377 (Supreme Court of Louisiana, 2013)