Robertson v. Robertson

64 So. 3d 354, 10 La.App. 5 Cir. 926, 2011 La. App. LEXIS 483, 2011 WL 1565960
CourtLouisiana Court of Appeal
DecidedApril 26, 2011
Docket10-CA-926
StatusPublished
Cited by13 cases

This text of 64 So. 3d 354 (Robertson v. Robertson) 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
Robertson v. Robertson, 64 So. 3d 354, 10 La.App. 5 Cir. 926, 2011 La. App. LEXIS 483, 2011 WL 1565960 (La. Ct. App. 2011).

Opinion

SUSAN M. CHEHARDY, Judge.

|?.This is a divorce proceeding in which the parties each sought use of the family home, child custody, and child support. The plaintiff, the father, also sought spousal support. The trial court ruled in favor of the defendant, the mother, granting her use of the family home and domiciliary custody of the children, and denied the father’s request for spousal support. The father appeals. We affirm.

FACTS

Larry Romel Robertson and Tonya Thomas Robertson were married in November 1998 and established their domicile in Luling in St. Charles Parish. Three children were born of the marriage: a girl, B.R. (born November 17, 2000); two boys, C.R. (born July 14, 2005), and J.R. (born April 7, 2008). 1

On January 29, 2010, Larry Robertson filed a petition for divorce pursuant to La. C.C. Art. 102. He alleged he desired a divorce because he had been “kicked out” of the family home by the defendant some four months previously. He alleged that although he left against his will, he continued to take the children to school and to pick them up from school every day, and that he frequently cared for them on weekends. He alleged that prior to being kicked out, he stayed home and took care *356 of the children exclusively for at least 18 months. He alleged that he is |sfree from fault and that Tonya Robertson is verbally abusive to him. He stated that Tonya Robertson works two jobs, is gone constantly, and travels out of town without petitioner or the children. He sought to be granted joint custody of the children and to be named domiciliary parent, to be granted exclusive use of the family home, and to be awarded child support and spousal support.

Tonya Robertson made a reconventional demand for an Article 102 divorce. She sought primary domiciliary custody of the children, exclusive use and occupancy of the family home, and to be granted child support pursuant to the guidelines.

The matters of custody, support, and use of the family home were tried on June 21, 2010. At the hearing, Tonya Robertson testified she lives in the family home with her three children and her mother, who helps her with the children. Tonya is a pharmacist employed by CVS. Her job title is pharmacist-in-charge, which requires her to travel occasionally to other CVS locations. She earns $56 an hour with CVS. She also works a second job as a contract pharmacist at a methadone treatment center in Baton Rouge, owned by the CRC Group, where she earns $47 an hour.

Tonya testified that her husband, Larry Robertson, is “lazy” because “he worked a little bit,” but she had to push him for everything. She had to wake him up in the morning, she took care of all the bills, and when she came home after working 14 hours, she would have to bathe the children and iron clothes. She said he stayed in bed all day, then when he heard her car pull up in the driveway he would rush to wash dishes and do housework. She testified she considered him an “okay” father but not a “good” father, because he waited for her to do everything for the children, instead of caring for them himself.

LTonya acknowledged that Larry would run errands during the day involving business that affected both of them, such as going to the bank. She said he repeatedly lost jobs because he was frequently late for work. She said he had not worked for two years at the time of the hearing because his driver’s license was expired.

Tonya denied that Larry took care of the children regularly; she said that when he picked them up after school, he would bring them to her mother to care for them. He would drop them off at school in the morning when Tonya had to get to her alternative job, but she was working at CVS — at a store near their home — she dropped off the children at school. She said that often when she got home from work late at night after working long hours, she would find the children still awake and hungry, while Larry would be sleeping.

She admitted that for part of the time they had only one working vehicle, and he would drive her to work and the kids to school.

Tonya testified that sometimes when she had to work out of town, Larry and the children would come also and stay with her at a hotel. She stated that since their separation, she had asked Larry to allow her to bring their daughter on a vacation out of the country, but he refused to approve the child’s going unless he could go on the vacation also.

Tonya identified copies of her W-2 forms for 2009, which showed that her earnings from the CRC Group were $69,729.00, and her earnings from CVS were $185,388.00. She stated that despite the amount of her earnings, they struggled financially because they owe a lot of money to the Internal Revenue Service. Asked *357 whether she had given any money to Larry since they separated, she said he had withdrawn money from their joint account, while she had kept up with their [5debts, including payments to the IRS, the children’s school tuition and daycare costs, as well as food, clothing, etc. She had given Larry money for car repairs.

Tonya admitted that Larry had been unable to get a job as a truck driver, his former occupation, because his license was suspended due to their owing money to the IRS.

Tonya also testified to several incidents of domestic violence, in which Larry threatened her with weapons or with physical harassment. She did not call police, however.

Tonya said that when Larry was still living in the family home, sometimes after he picked up the kids from school, he would bring them to her mother’s house for her mother to watch. He did that despite the fact that her mother had been working all day, while he had not been working. In addition, he would wait until Tonya got home from work late at night before doing housework and laundry. The last year he lived in the home and was bringing the kids to school, their daughter was tardy over 63 times. After Larry left and the children were being brought to school by Tonya, the children were tardy only once.

Tonya testified further that since leaving the family home, Larry has been living in his father’s home in Marrero. His sister and her daughter also live there. Tonya stated that the family home in Luling is her separate property.

Charlene Pierce testified she works as housekeeper for Tonya Robertson on an every-other-week basis. She had worked there on a weekly basis from 2008 until the fall of 2009. When she went to the house, she would observe the children were running around unattended, the baby’s diaper would be wet, and the children had not been fed. Tonya was at work most of the time. Larry would be in the bedroom. His daughter told Pierce that her father was sleeping. Pierce never went into the bedroom. Pierce said sometimes she was there for two hours before seeing |r,Larry. Pierce said she “slowed down” from going there because she didn’t want to be a child care provider. She talked to Tonya about the situation, but it really didn’t change much.

Pierce said she observed Larry spanking the oldest child, B.R., for not tending to the younger children, although “she’s only a child herself.” It occurred often enough that Pierce spoke to Tonya about it.

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Cite This Page — Counsel Stack

Bluebook (online)
64 So. 3d 354, 10 La.App. 5 Cir. 926, 2011 La. App. LEXIS 483, 2011 WL 1565960, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robertson-v-robertson-lactapp-2011.