Ritter v. Ritter

491 So. 2d 149
CourtLouisiana Court of Appeal
DecidedJune 25, 1986
Docket85-848
StatusPublished
Cited by5 cases

This text of 491 So. 2d 149 (Ritter v. Ritter) 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
Ritter v. Ritter, 491 So. 2d 149 (La. Ct. App. 1986).

Opinion

491 So.2d 149 (1986)

Peggy Shorts RITTER, Plaintiff-Appellee,
v.
Kenneth August RITTER, Jr., Defendant-Appellant.

No. 85-848.

Court of Appeal of Louisiana, Third Circuit.

June 25, 1986.

*150 Armentor & Wattigny, Gerard B. Wattigny, New Iberia, for plaintiff-appellant.

Cole, Guidry & Prather, Robert L. Cole, Lafayette, for defendant-appellee.

Before LABORDE and KING, JJ., and PAVY, J. Pro Tem.[*]

KING, Judge.

The issues presented by this appeal are whether or not the trial court erred in its award of child custody and child support.

Peggy Shorts Ritter (hereinafter referred to as the plaintiff) and Kenneth August Ritter, Jr. (hereinafter referred to as the defendant) were married on September 1, 1973. Two children were born of their marriage, Marnie E. Ritter and Kenneth August Ritter, III.

Plaintiff filed a petition for divorce on February 14, 1985, on the grounds of living separate and apart for more than one year. She sought sole custody of the two minor children born of the marriage and child support. Defendant answered the suit admitting that they had lived separate and apart for more than one year, but seeking joint custody of the two minor children born of the marriage and asserting that the plaintiff also had an obligation to support the children.

The rule for custody and support was heard on April 8, 1985 and taken under advisement. The trial court rendered written Reasons for Judgment on April 12, 1985, which were filed in the record on April 15, 1985. Subsequently, the trial court amended its written Reasons for Judgment on May 1,1985, which were filed in the record on May 3, 1985. A Judgment on Rule was read and signed by the trial court on May 24,1985, ordering the defendant to pay to plaintiff $2,200.00 per month as child support and granting joint custody of the two minor children to the plaintiff and the defendant, with the plaintiff being the custodial parent and the defendant having visitation privileges.

The defendant filed a Motion For New Trial claiming that the trial court took into consideration an erroneous net monthly income figure for defendant in fixing the amount of child support to be paid by the defendant. The trial court denied the defendant's Motion For New Trial without a hearing on June 13, 1985.

The defendant timely appeals and alleges as assignments of error that:

(1) The trial court erred in fixing the amount of child support that it awarded to plaintiff;
(2) The trial court erred in failing to provide joint custody of the minor children of the marriage;
(3) The trial court erred in failing to grant a new trial to the defendant; and
(4) The trial court erred in failing to reduce the child support by at least one-half during the month of June, July and August of each year during which months the defendant was to have visitation with the children for two weeks or one-half of each of those months.

CHILD SUPPORT

In his first assignment of error, the defendant alleges that the trial court erred in awarding child support in the amount of $2,200.00 per month to the plaintiff.

*151 The Louisiana Supreme Court has stated that:

"Louisiana Civil Code Article 227 provides that parents have the obligation to support, maintain, and educate their children. This support shall be granted in proportion to the needs of the child and the circumstances of the parent who is to pay. LSA-C.C. Art. 231. If the parents are divorced and the children are living with their mother, the children are entitled to the same standard of living as if they resided with their father whenever the financial circumstances of the father permit. Wilmot v. Wilmot, 223 La. 221, 65 So.2d 321 (1953); Sarpy v. Sarpy, La.App., 323 So.2d 851 (1975), cert. denied, La., 328 So.2d 166 (1976); Phillips v. Phillips, La.App., 319 So.2d 566 (1975)." Ducote v. Ducote, 339 So.2d 835, 838 (La.1976).

We have held in connection with awards of child support by the trial court that:

"The trial court is vested with wide discretion in determining the amount of child support to be contributed by each parent. [footnotes omitted] Such a determination will not be disturbed absent a showing the trial judge abused that discretion." Arceneaux v. Arceneaux, 426 So.2d 745, 747 (La.App. 3rd Cir.1983).

In his assertion that the trial court's award of child support was excessive, the defendant relies heavily upon an error made in the computation of the defendant's net monthly income as reflected in the original Reasons for Judgment rendered by the trial court. In its original written Reasons for Judgment, the trial court mistakenly calculated the defendant's net monthly income to be $8,460.00; but in its amended written Reasons for Judgment, the trial court corrected that figure to show a net monthly income of $4,644.00. Regardless of the change in the net income figure, the trial court was of the opinion that the amount of child support originally awarded, that is $2,200.00 per month, was the amount the defendant should be ordered to pay. The defendant maintains that the trial court erred in not granting his Motion For A New Trial and not reducing the award of child support in light of the trial court's original error in the calculation of the defendant's net monthly income.

It is readily apparent from examining the trial court's original and amended Reasons for Judgment that the trial court was of the opinion that the defendant was well able to pay the amount of child support originally fixed, even though the trial court had recalculated and taken into account the lower net monthly income of the defendant. The trial court noted in its Reasons for Judgment that the defendant's income, as reflected in his Affidavit of Expenses and Income filed during the hearing on the rule, was considerably understated and his expenses were grossly exaggerated. The trial court also noted in its Reasons for Judgment that the defendant was the sole stockholder of a medical corporation which had substantial amounts of accumulated income that were distributed annually as a bonus or dividend to give the defendant money to repay his prior personal loans to the corporation. The trial court noted that the corporation had contributed over $20,000.00 in 1984 to the defendant's retirement plan in his solely owned corporation, which was in excess of the amounts defendant received during the year. We also note that the corporation's 1984 Federal Income Tax Return shows that over $81,000.00 was paid during the year as compensation to the defendant. The trial court found that the defendant had the capability of borrowing from the corporation or causing disbursement of the corporation's accumulated income to himself, at his discretion, both of which the record reflects had been done on numerous prior occasions. The trial court also noted that the defendant owned interests in numerous other corporations and stated that it did not believe the defendant's assertions that none of these other corporations were producing income. The trial court also pointed out that the defendant owned a one-third interest in a yacht valued at $100,000.00 and paid for the expenses to operate this yacht on his offshore fishing trips. All of these *152 trial court findings are supported by evidence in the record.

The defendant also contends that the plaintiff, because she is gainfully employed, should contribute more to the support of the children.

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Bluebook (online)
491 So. 2d 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ritter-v-ritter-lactapp-1986.