Santiago v. Santiago

122 So. 3d 1270, 2013 WL 856670
CourtCourt of Civil Appeals of Alabama
DecidedMarch 8, 2013
Docket2110654
StatusPublished
Cited by10 cases

This text of 122 So. 3d 1270 (Santiago v. Santiago) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Santiago v. Santiago, 122 So. 3d 1270, 2013 WL 856670 (Ala. Ct. App. 2013).

Opinions

THOMPSON, Presiding Judge.

Derek Anthony Santiago (“the husband”) appeals, and Jenny Kim Santiago (“the wife”) cross-appeals, from the judgment of the Madison Circuit Court (“the trial court”) modifying the parties’ June 29, 2010, divorce judgment.

The parties’ divorce was uncontested. The divorce judgment incorporated the terms of a settlement agreement reached by the parties on May 19, 2010. Pursuant to the settlement agreement, the divorce judgment divided the marital property and awarded the parties joint legal and physical custody of their two minor children. Among other things, the divorce judgment awarded the wife a portion (30% or $919.40, whichever is greater) per month of the husband’s military-retirement income; it also awarded her one-half the balance of the husband’s Individual Retirement Account (“IRA”) and one-half of the balance of his 401 (k) retirement account. The divorce judgment, subject to certain conditions, ordered the wife to convey to the husband her one-half interest in the marital home and for the husband to pay the wife her one-half equity in the home; the divorce judgment also permitted the wife to remain in the marital home for 90 days following the entry of the divorce judgment, with the husband being responsible for the mortgage payments and certain utility and other household expenses.

Regarding child support and alimony, the divorce judgment ordered the husband to pay the wife child support in the amount of $808 per month and alimony in the amount of $1,000 per month for five years. The divorce judgment also ordered the husband to maintain the children on his health-insurance policy and to pay for their “medicine” and co-pays not covered by insurance. The divorce judgment further ordered the husband to pay for the children’s reasonable college expenses. The divorce judgment noted that the child-support guidelines under Rule 32, Ala. R. Jud. Admin., had not been followed because the parties had agreed to a true joint-custody arrangement. Neither party appealed the divorce judgment.1

On October 1, 2010, only three months and a few days after the entry of the parties’ divorce judgment, the husband filed in the trial court a petition to modify his child-support obligation under the divorce judgment. In his petition, the husband alleged that the wife had become gainfully employed and that her employment constituted a material change of circumstances warranting a recalculation of child support. The husband specifically requested that the trial court “re-calculate child support based on the parties’ current income and modify the amount of child support to be paid by the [husband] to the [wife] making it retro-active from the time of filing this Petition.” The husband also sought an attorney fee.

On October 21, 2010, the wife, proceeding pro se, filed an “Answer/Counter Petition,” and on October 29, 2010, the wife, represented by counsel,2 filed an amended [1273]*1273answer and counterclaimed to modify the husband’s child-support obligation under the divorce judgment. Although in her answer the wife denied that her employment constituted a material change of circumstances warranting modification of the husband’s child-support obligation, the wife alleged in her counterclaim that the husband was paying 20% less than required under Rule 32, Ala. R. Jud. Admin., and that that fact constituted a material change of circumstances warranting a recalculation of his child-support obligation. The wife requested that the trial court recalculate the amount of child support to be paid by the husband pursuant to Rule 32, Ala. R.J. Admin., and to make it retroactive from the time of the filing of his petition. The wife also sought an attorney fee.

On March 9, 2011, the husband filed an amended petition to modify the divorce judgment. In his amended petition, the husband alleged that the wife’s employment, as well as her receipt of a portion of his monthly military-retirement income pursuant to the divorce judgment, constituted a material change of circumstance warranting a recalculation of child support based on the parties’ current income. In addition, the husband requested that the trial court order the wife to pay one-half of the uncovered medical expenses and co-pays for the children and to further order the wife to pay a pro rata share of college expenses for the children. The husband requested, in the alternative, that the trial court order a lesser amount of periodic alimony or terminate his periodic-alimony obligation.

On April 7, 2011, the wife filed an amended petition to modify the divorce judgment. In her amended petition, the wife alleged that there had been a material change in circumstances such that she required an increase in periodic alimony and an increase in the duration of periodic alimony because, among other reasons, she wanted to pursue additional training and education to help her obtain employment that would sufficiently cover her monthly living expenses and allow her to support herself in the future. The wife also sought an attorney fee.

The trial court held an ore tenus hearing on November 28, 2011. Shortly thereafter, on December 12, 2011, the trial court entered a modification judgment that, among other things, increased the husband’s child-support obligation from $808 per month to $1,496.70 per month and terminated his periodic-alimony obligation. The modification judgment ordered, in part:

“1. The court GRANTS the request of [the husband] to re-calculate child support based on the parties’ current income. The Court determines the support the [husband] shall pay to the [wife] towards the support and maintenance of the parties’ minor children [is] the sum of ONE THOUSAND FOUR HUNDRED AND NINETY-SIX AND 70/100 ($1,496.70) DOLLARS, per month. This modification is made retroactive from the filing of this petition. The child support guidelines set forth in Rule 32, [Ala. R. Jud. Admin.,] have been followed and applied.
“2. The Court concludes the [wife’s] earnings constitute a material change of circumstances. The alimony award is hereby TERMINATED, effective January, 2012. The [husband’s] request for retroactive termination of alimony is hereby DENIED.
“3. All remaining claims of the parties not ruled on herein are hereby DENIED.
[1274]*1274“4. All other provisions of the Divorce Judgment shall remain in effect.”

(Capitalization in original.)

Thereafter, both parties filed timely postjudgment motions that were denied by the trial court on February 29, 2012. The husband timely appealed, and the wife timely cross-appealed.

Appeal

The husband contends on appeal that the trial court abused its discretion in increasing his child-support obligation because, he maintains, the wife failed to present sufficient evidence of a material change of circumstances to warrant the increase. We find the husband’s contention to be without merit.

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Cite This Page — Counsel Stack

Bluebook (online)
122 So. 3d 1270, 2013 WL 856670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santiago-v-santiago-alacivapp-2013.