Schulz v. Schulz

630 So. 2d 847, 1993 WL 525082
CourtLouisiana Court of Appeal
DecidedDecember 21, 1993
Docket92-CA-2728
StatusPublished
Cited by6 cases

This text of 630 So. 2d 847 (Schulz v. Schulz) 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
Schulz v. Schulz, 630 So. 2d 847, 1993 WL 525082 (La. Ct. App. 1993).

Opinion

630 So.2d 847 (1993)

Cynthia Manalla SCHULZ
v.
Grant A. SCHULZ.

No. 92-CA-2728.

Court of Appeal of Louisiana, Fourth Circuit.

December 21, 1993.

*848 Jerald N. Andry, Gilbert V. Andry, III, New Orleans, for plaintiff.

Glenn E. Diaz, Chalmette, for defendant.

Before KLEES, ARMSTRONG and JONES, JJ.

ARMSTRONG, Judge.

This is an appeal from a judgment setting the amount of child support and alimony pendente lite. Appellant, Grant A. Schulz, argues that the trial court has required him to pay his estranged wife, Cynthia Manalla Schulz, too great an amount of child support. However, finding no abuse of discretion below, we affirm.

Mr. and Mrs. Schulz have two children, Monique and Grant, Jr., who were seventeen and thirteen years old, respectively, at the time of trial. Monique was about to begin her senior year of high school and Grant, Jr. was about to begin his freshman year of high school. Mr. Schulz had left the family house at the request of Mrs. Schulz and both parties filed petitions for divorce which actions were consolidated by the trial court.

Mr. Schulz was employed full time and his annual gross wages were projected to be $19,488.00. Mrs. Schulz was employed parttime and her wages were $42.50 per week. The trial court ordered Mr. Schulz to pay child support of $96.50 per week. Also, the trial court ordered Mr. Schulz to pay an additional $250.00 per month child support for a period of ten months. Lastly, the trial court ordered Mr. Schulz to pay alimony pendente lite of $50.00 per week for the ten months that he was paying the additional $250.00 per month in child support and to pay $75.00 per week alimony pendente lite thereafter.

The controversy in this case revolves around the portion of the child support judgment ordering Mr. Schulz to pay an additional $250.00 per month for ten months.

Monique and Grant, Jr. have attended Catholic school since kindergarten. In order to make the necessary tuition payment for them to attend Archbishop Hannan High School, for their senior and freshman years respectively, Mrs. Schulz obtained a tuition loan in the principal amount of $4,000.00 which was payable in ten monthly installments of $418.00 each. Mrs. Schulz testified that Mr. Schulz approved of and encouraged her to obtain the tuition loan. Mr. Schulz testified to the contrary. The trial court, as will be discussed below, resolved this factual issue in favor of Mrs. Schulz. The additional child support of $250.00 per month for ten months was to pay for part of the $418.00 per month tuition loan payment.

Louisiana's "Guidelines for Determination of Child Support", R.S. 9:315-315.15, govern the determination of the proper amount of child support. See generally Sue Nations, Louisiana Child Support Guidelines: A Preliminary Analysis, 50 La.L.Rev. 1051 (1990). The guidelines create a rebuttable presumption as to the proper amount of child support but allow deviations if the amount of child support provided for by guidelines would not be in the best interests of the child or would be inequitable to the parties. R.S. 9:315.1. The guidelines provide for the calculation of a "basic child support obligation" R.S. 9:315.2, and then provide for various items that either may or shall be added to or subtracted from the basic child support obligation. R.S. 9:315.3-315.7. The trial court *849 must give oral or written reasons for any deviation from the guidelines and those reasons must be made a part of the record of the proceedings. R.S. 9:315.1.B.

With regard to private school education expenses, the guidelines provide:

By agreement of the parties or order of the court, the following expenses incurred on behalf of the child may be added to the basic child support obligation:
(1) Any expenses for attending a special or private or elementary or secondary school to meet the particular educational needs of the child.

R.S. 9:315.6(1).

Also relevant is part of the statutory provision for deviation from the guidelines.

In determining whether to deviate from the guidelines, the court's considerations may include:
* * * * * *
(4) An extraordinary community debt of the parties.

R.S. 9:315.1.C(4).

The trial court's written reasons for judgment state:

The court has deviated from the child support schedule set forth in Revised Statutes, Title 9, Article 315.14, upon finding that the application of the schedule is not in the best interest of the children and would be inequitable for the following reasons:
1) The court finds an extraordinary community debt, namely the loan made to finance the children's education at a private school;
2) Mr. Schulz not only consented to, but directed and encouraged Mrs. Schulz to incur the educational loan; and
3) The minor child, Monique has a particular educational need which justifies adding her school tuition to the basic support obligation, namely the need to complete her education in the school system which she has attended all her life and from which she will graduate in 1993.

It is apparent that the trial court based its decision to order the $250.00 per month (for ten months) additional child support on both R.S. 9:315.1.C(4) and on R.S. 9:315.6(1). The first of the trial court's enumerated reasons is relevant to R.S. 9:315.6(1) and the second is at least arguably relevant to both of those statutory provisions. The trial court's reasons for judgment are worded as if an addition of educational expenses to the basic child support obligation pursuant to R.S. 9:315.6(1) were a deviation from the guidelines. However, such additions to or deductions from the basic child support obligation, done pursuant to R.S. 9:315.3-315.7, being expressly provided for by the guidelines, are not "deviations" from the guidelines. Compare R.S. 9:315.1.C (illustrative list of considerations for deviation from guidelines).

We review the trial court's decision for an abuse of discretion because "a trial court's alimony or child support order will not be reversed except for abuse of discretion". Hogan v. Hogan, 549 So.2d 267, 271 (La. 1989).

The guidelines affect the trial court's exercise of its discretion. "Although the trial court is vested with discretion, the guidelines set parameters which restrict the district court's exercise of its discretion." Corley v. Corley, 600 So.2d 908, 910 (La.App. 4th Cir. 1992). "Although a trial court is still vested with some discretion, the child support guidelines clearly establish that this discretion is now structured and limited." Ellzey v. Ellzey, 594 So.2d 1135, 1137 (La.App. 3rd Cir. 1992) (cited in Corley). See also Smith v. Smith, 597 So.2d 1216, 1217 (La.App. 3rd Cir.1992). Thus, our appellate review of the trial court's exercise of its discretion must be done with the guidelines always in mind.

Mr. Schulz's first assignment of error is that, in light of R.S. 9:315.1.B, the trial court's reasons for judgment are inadequate to support a deviation from the guidelines. Initially, we note that one of the grounds for the trial court's decision to require Mr. Schulz to contribute $250.00 towards payment of each of the $418.00 monthly payments on the tuition loan did not constitute a deviation from the guidelines to which R.S. 9:315.1.B is applicable. Expenses for private school education "may" be added to the basic *850 child support obligation pursuant to

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Cite This Page — Counsel Stack

Bluebook (online)
630 So. 2d 847, 1993 WL 525082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schulz-v-schulz-lactapp-1993.