State, Department of Social Services ex rel. P.B. v. Reed

197 So. 3d 817, 16 La.App. 5 Cir. 171, 2016 La. App. LEXIS 1431, 2016 WL 4037294
CourtLouisiana Court of Appeal
DecidedJuly 27, 2016
DocketNo. 16-CA-171
StatusPublished
Cited by1 cases

This text of 197 So. 3d 817 (State, Department of Social Services ex rel. P.B. v. Reed) 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
State, Department of Social Services ex rel. P.B. v. Reed, 197 So. 3d 817, 16 La.App. 5 Cir. 171, 2016 La. App. LEXIS 1431, 2016 WL 4037294 (La. Ct. App. 2016).

Opinion

MURPHY, J.

| Appellant, M.R.1, has appealed the trial court’s June 30, 2015 judgment denying his Motion to Reduce Child Support. For the following reasons we affirm the judgment of the trial court and east all costs of this appeal to appellant.

FACTS AND PROCEDURAL HISTORY

The basic facts of this case are not in dispute, however, the procedural history of this case is long and convoluted. On January 22, 2001, a child identified as P.B. was born. At the time of P.B.’s conception, his mother, B.B. was involved in an extramarital affair with her husband’s brother-in-law, M.R. On June 6, 2007, M.R. filed a Petition to Establish Paternity, This petition was dismissed with prejudice by the granting of BJB.’s exception of prescription, On September 10, 2007, the State of Louisiana, Department of Social Services, through the Jefferson Parish District Attorney’s Office (hereinafter “the State”) filed a Petition to Prove Paternity and Obtain Child Support in the Juvenile Court for Jefferson Parish, pursuant to La. R.S. 46:236.1.2. In this action, the State asserted that genetic test results, which were attached, reflected that M.R. was P.B.’s biological father. Further, the petitioner alleged that the child’s mother was entitled to child support based upon La. R.S, 46:236.1.1 et seq.. and La. C.C. art. 241. Following a hearing on.this matter, the judge determined that it was in the child’s best interest for M.R. to be established as P.B.’s biological father and for child support to be ordered.

M.R. appealed that judgment. However, the appeal was dismissed by this Court finding that the judgment at issue was a partial, non-appealable judgment, citing La. C.C.P. art. 1915(B)(2) and La; C.C.P. art. 2083. State, D.S.S. ex rel. P.B. v. Reed, 08-1309 (La.App. 5 Cir. 5/12/09), 15 So.3d 205, 207.

|gOn January 11, 2010, the trial court ordered M.R. to pay B.B. $365.00. per month for P.B,’s support. The State appealed that award, challenging the trial court’s methodology in calculating the child support obligation of a biological father in a “dual paternity” situation. Rather than address the calculation, this Court found that the juvenile court judge abused her limited discretion in calculating an award because the record was devoid of support for the calculation. Accordingly, this Court vacated the support award, reinstated the temporary support award of $1,591.00 rendered February 19, 2009, and remanded to the juvenile court for a hearing to set child support in compliance with the guidelines, including, but not limited to, La. R.S. 9:315.2(A). State, D.S.S. ex rel. P.B. v. Reed, 10-410 (La.App. 5 Cir. 10/26/10), 52 So.3d 145, 147-49, writ denied, 10-2611 (La.2/18/11), 57 So.3d 333.

On July 19, 2012, after several hearings, the trial' court set the permanent monthly support award owed by M.R. at $991.00. This award was made retroactive to February 19, 2009, the date that the temporary order of support-was set. The State appealed that award, arguing the trial court erred in calculating support based on [821]*821a stipulation that was rejected by this Court and unsupported by the record. The State also challenged the ruling that the award was not retroactive to the date of judicial demand. This- Court found the trial court erred by failing to follow the mandatory procedure for deviation of - a child support award as set forth in La. R.S. 9:315.1(B). Rather than remand this matter for calculation of support, this Court determined there was adequate information in the "appellate record to set support. On April 24, 2013, this Court amended the trial court judgment to set M.R.’s child support obligation at $1,213.00 per month. In addition, this Court made the award retroactive to the date of judicial demand. State, D.S.S. ex rel. P.B., 12-838 (La.App. 5 Cir. 04/24/13) 114 So.3d 1161, writ denied, 13-1193 (La.9/13/13), 120 So.3d 698.

laOn July 17, 2012, M.R. filed a Motion to Reduce Child Support, alleging that his income had significantly decreased through no fault of his own. On June 17, 2013, the State filed a Motion to Have Independent Forensic Accountant/Economist Appointed to Review and Analyze the Defendant’s Financial and Economic Circumstances. On August 21, 2013, the trial court granted the. State’s motion to appoint such independent expert. On September 3, 2013, after considering the list of forensic accountants submitted by both parties, “Brown Forensic Accounting2” was “appointed as forensic accountant” and all parties were ordered to “comply with any request for documents that said accountant may require to complete their investigation.”

After four requests for extensions, the report was completed and submitted to the trial court and the parties on August 8, 2014. .

After numerous continuances, trial was held on M.R.’s Motion to Reduce Support on January 30,2016, February 2, 2016, and March 27, 2016. On June 30, 2015, the trial court rendered judgment denying M.R.’s Motion to Reduce Child Support. This appeal followed.

LAW AND DISCUSSION

Material change in circumstance

In his Motion to Reduce Child Support, M.R. stated that “at the time child support was computed, [he] was earning $8,000.00 per month, that he was now earning $3,235.00 per - month,” that his “employment with Entergy was terminated,” and that he is “no longer able to be employed by Entergy.”

l/The law provides that a modification of child support can only be awarded when the party seeking the modification proves there is a material change in circumstance. La. R.S. 9:311 provides in pertinent part:

A. (1) An award for support shall not be modified unless the party seeking the modification shows a material change in circumstances of one of the parties between the time of the previous award and the time of the rule for modification of the award.
H* ⅜ ⅜
C. For purposes of this Section, in . cases where the Department of Children and Family Services is providing support enforcement services: (1) A material change in circumstance exists s when a strict application of the child support guidelines, Part I-A of this Chapter, would result in at least a twenty-five' percent change in the [822]*822existing child support award. A material change in circumstance does not exist under this Paragraph if the amount of the award was the result of the court’s deviating from the guidelines pursuant to R.S. 9:315.1 and there has not been - a material change in the circumstances which warranted the deviation.

In this case, the trial court found that M.R. “presented no credible evidence to demonstrate a material change in circumstances and as a result failed to meet his burden of proof to establish a modification.” This Court’s review of the trial court’s finding is governed by a two-part test: (1) the appellate court must find from the record that there is a reasonable factual basis for the finding of the fact finder, and (2) the appellate court must further determine the record establishes the finding is not clearly wrong (manifestly erroneous). Mart v. Hill, 505 So.2d 1120, 1127 (La.1987). The trial court’s factual findings should not be reversed on appeal absent manifest error. Rosell v. ESCO, 549 So.2d 840, 844 (La.1989). If the trial court’s “findings are reasonable in light of the record reviewed in its entirety, the court of appeal may not reverse — ” Sistler v.

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Bluebook (online)
197 So. 3d 817, 16 La.App. 5 Cir. 171, 2016 La. App. LEXIS 1431, 2016 WL 4037294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-social-services-ex-rel-pb-v-reed-lactapp-2016.