Schult v. Schult

827 So. 2d 465, 2002 La. App. LEXIS 2669, 2002 WL 1974285
CourtLouisiana Court of Appeal
DecidedAugust 28, 2002
DocketNo. 36,283-CA
StatusPublished
Cited by2 cases

This text of 827 So. 2d 465 (Schult v. Schult) 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
Schult v. Schult, 827 So. 2d 465, 2002 La. App. LEXIS 2669, 2002 WL 1974285 (La. Ct. App. 2002).

Opinion

JjDREW, J.

From the trial judgment reducing his child support to $2200 per month, effective September 1, 2001, Thomas Dolan Schult, M. D., appealed, alleging these errors:

• finding that his income for purposes of the calculation of child support exceeded the guidelines’ figure set forth in La. R.S. 9:315.19;
• setting prospective support at $2,200, which he feels was too high;
• fixing the effective date of the child support reduction at September 1, 2001, instead of the date of judicial demand, a difference of several months; and
• taxing of all court costs against Dr. Schult.

Mrs. Schult answered the appeal. On appeal Mrs. Schult argued that the reduced child support setting was conservative and did not represent an abuse of discretion; and her attorney’s fees award of $250 was grossly inadequate and should be amended and increased. For the following reasons, the trial court’s judgment is affirmed on all counts.

At the trial held August 16 and 20, 2001, the trial court considered Dr. Schult’s motion to reduce child support along with Mrs. Schult’s rule for contempt and attorney’s fees, based upon Dr. Schult’s failure to pay $9,377.39 in past due child support.

Following trial on these issues, the court gave oral reasons for judgment and concluded that child support should be reduced, effective September 1, 2001, to $2,200. The award was based upon the court’s finding that Dr. Schult’s income exceeded the maximum amount of child support as set forth in La. R.S. 9:315.9, as of the date of filing which was laprior to the August 15, 2001 amendment extending the chart to $20,000 income per month. The court noted the highest amount for two children under La. R.S. 9:315.9 to be $1645 and declared the appropriate child support setting for the children in this case to be $2200. The court further ordered that:

• Dr. Schult be responsible for all costs of private school tuition for the two minor children;
• both parties provide health insurance;
• the parties share equally in the cost of any uncovered medical expenses;
• Dr. Schult be found in contempt for his failure to pay past due child support in the amount of $9,377.39, which amount Dr. Schult immediately ten[467]*467dered at court in order to purge the court’s finding of contempt; and
• Mrs. Schult be awarded attorney’s fees in the amount of $250 for having to bring the rule for back child support and contempt.

FACTS

The parties were divorced by judgment rendered February 16, 1995. Since that time, numerous proceedings to collect past due child support had been initiated and several proceedings tried relative to this issue. These are litigious parties.

Dr. Schult filed this instant motion to reduce on November 2, 2000, predicated upon two of his children having reached the age of majority (leaving two others as minors), and Dr. Schult’s alleged involuntary reduction in income based upon his mental disability.

At the time of the initial setting of child support, Dr. Schult was a practicing anesthesiologist working at Willis-Knighton in Shreveport | seaming $680,000 per year. At the time of trial, the doctor was participating in a fellowship in pain management at LSU Medical Center, earning $40,597 per year.

Dr. Schult further testified that:

• he had some disagreements with the administrator of Willis-Knighton and that his contract was terminated.
• he left Shreveport in November of 1999 and moved to Dallas, Texas, where he sought to “start [his] life again.”
• Upon urging of family and friends, Dr. Schult began treatment with Dr. Michael J. Healy who diagnosed him with bipolar disease, or hypermania coupled with depression.1
• he began taking prescribed medication, but that his situation did not improve.
• Dr. Healy recommended that Dr. Schult seek treatment at COPAC, a dual facility for psychiatric problems and addiction.
• he entered what was to be a twelve week treatment program at the facility located in Mississippi, but did not perceive the treatment to be helpful to his particular condition and voluntarily left the facility after only six weeks to return to Dallas.
• he attempted to qualify for disability insurance benefits under his disability insurance policy but was denied.
• he needed to return to work and decided to seek out a position in pain management for which the earliest available fellowship was at LSU Medical Center in Shreveport.
• he returned to Louisiana to begin the fellowship in June of 2000.

DISCUSSION

The trial court made a specific finding that the income of Dr. Schult for purposes of the calculation of child support was “over the charts,” | ¿referring to the income chart provided by La. R.S. 9:315.192. Even though this instant matter was heard on August 16 and 20, 2001, the appropriate child support guidelines chart relative to this matter was that in effect as of the date of filing, November 2, 2000, which reflected the prior guidelines in [468]*468which the highest income figure was $10,000 per month.

La. R.S. 9:315.10 provided as follows:

If the combined adjusted gross income of the parties exceeds the highest level specified in the schedule ..., the court shall use its discretion in setting the amount of the basic child support obligation, but in no event shall it be less than the highest amount set forth in the schedule.

Our first determination is whether the court erred in its finding that Dr. Schult’s income exceeded $10,000 per month. At the time of trial, the doctor was earning $3,383 per month through his fellowship in pain management.

Concerning other resources, Dr. Schult admitted at trial that:

• he earned approximately $900,000 in 1999, mostly from his anesthesiology practice;
• the value of his Schwab investment account at the time of trial was $2,456,079.18;
• the value of his Fidelity account at trial time was $240,000;
• a checking account in Bank of America in Dallas, from which his living expenses were paid, contained a total of $70,000;
• he had another separate checking account with a current balance of $11,000 at time of trial, from which he paid only child support;
• during the time that he lived in Dallas, he lived off of his accumulated assets;
Is* at the time of the initial divorce, assets which exceeded two million dollars were divided between the parties;
• since that time, his assets had grown considerably; and
• he believed Mrs. Schult’s assets should have grown as well, had they been properly invested.

Dr.

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Bluebook (online)
827 So. 2d 465, 2002 La. App. LEXIS 2669, 2002 WL 1974285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schult-v-schult-lactapp-2002.