Tidwell v. Tidwell

225 So. 3d 533, 2017 WL 2665121, 2017 La. App. LEXIS 1139
CourtLouisiana Court of Appeal
DecidedJune 21, 2017
DocketNo. 51,523-CA
StatusPublished

This text of 225 So. 3d 533 (Tidwell v. Tidwell) 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
Tidwell v. Tidwell, 225 So. 3d 533, 2017 WL 2665121, 2017 La. App. LEXIS 1139 (La. Ct. App. 2017).

Opinion

PITMAN, J.

1 iPlaintiff-Appellant Ashlee Tidwell appeals the trial court’s judgment in favor of Defendant-Appellee Todd Michael Tidwell. For the following reasons, we affirm.

FACTS

The parties married in October 1995 and had two daughters. On April 16, 2013, Ms. Tidwell filed a petition for' divorce under La. C.C. art. 102 and sought child custody, child support, interim and final spousal support and partition of community property. Mr. Tidwell filed an answer and re-conventional demand under La. C.C. .art.. 103, alleging that Ms. Tidwell committed adultery and was at fault for the breakdown of the marriage.

In February 2014, the parties entered into a joint stipulation and consent judgment and resolved the issues of child support, child custody and interim spousal support. Relevant to this appeal, the parties agreed that Mr. Tidwell would pay interim spousal support to Ms. Tidwell in the amount of $1,800 per month, retroactive to May 1, 2013; that Mr. Tidwell would pay the house note on the former matrimonial domicile (the “Domicile”) and the car note on the 2010 Chevrolet Suburban (the “Suburban”) for the duration of the interim spousal support award period; and that Ms. Tidwell would have exclusive use of the Domicile and of the Suburban. They also agreed that Mr. Tidwell’s claim for rental value of Ms. Tidwell’s exclusive use of the Domicile should be deferred to be considered in the community property partition.

.On March 5, 2014, Ms. Tidwell filed.a rule to show cause, why permanent spousal support should not be awarded.

12Following a hearing on the rule for divorce, the trial court determined that Mr. Tidwell proved that Ms. Tidwell committed adultery. On March 24, 2014, the trial court rendered judgment in favor of Mr. Tidwell and granted , a divorce based upon adultery. Ms. Tidwell appealed. In Tidwell v. Tidwell, 49,512 (La. App. 2 Cir. 11/19/14), 152 So.3d 1045, this court affirmed the judgment of the trial court.

On October 3, 2014, Ms. Tidwell filed' a rule to show cause and for contempt. She alleged that Mr. Tidwell had made sporadic spousal support payments since May 1, 2013, and contended that she was entitled to be paid the balance of the arrearages with interest, attorney fees and court costs. She also alleged that Mr. Tidwell advised her that he would stop paying interim spousal support because the divorce was granted based on adultery. She further alleged that he violated the terms of the consent judgment that she would have exclusive use of the Domicile when he entered the Domicile when she was not present and removed items. She requested that the trial court hold Mr. Tidwell in contempt of court for failing and refusing to pay interim spousal support and for violating the terms of the consent judgment regarding use of the Domicile. ■

[536]*536On January 20, 2015, Mr. Tidwell filed a motion for the exclusive use of the Domicile and the Suburban. He noted that the divorce was- finalized on March 24, 2014, and that his interim spousal support obligation terminated on September 24, 2014. He stated that, since September 24, 2014, Ms. Tidwell had refused to pay the house and car notes even though she was living in the Domicile and had exclusive use of the Suburban. He further stated that he continued to pay those notes because his credit would be negatively affected if the debts were not paid. He contended that, due to IsMs. Tidwell’s refusal to pay the house and car notes, he should be granted exclusive use of the Domicile and the Suburban.

On February 3, 2015, Ms. Tidwell filed’a first supplemental and amended rule to show cause and for contempt. She acknowledged that a judgment of divorce based on adultery was filed on March 24, 2014, and that Mr. Tidwell stopped paying interim spousal support as of September 30, 2014. She noted that she filed a suspen-sive appeal of the divorce judgment on March 28, 2014, and that the court of appeal rendered judgment on , November 19,2014. She contended that the judgment of divorce did not become final until November 19, 2014, and, therefore, she was entitled to receive interim spousal support payments and that Mr. Tidwell was required to pay the house and car notes' until May 19, 2015, i.e., 180 days from November 19, 2014. .She argued that Mr. Tidwell was in arrears on the interim spousal support payments because he had not paid support from October 2014 to January 2015. She alleged that Mr. Tidwell entered the Domicile on. an additional occasion while she was not home. She reiterated her request, that the trial court hold Mr. Tidwell in contempt of court for failing and refusing to pay interim spousal support and for violating the terms of the consent judgment regarding use of the Domicile.

A conference before a hearing officer was held on December 2, 2015, who recommended in his report that Ms. Tidwell’s rule of final spousal support should be dismissed; Mr. Tidwell’s rule for exclusive use of the Suburban is moot and should be dismissed; Mr. Tidwell’s rule for exclusive use of the Domicile should be dismissed; Ms. Tidwell’s rule to have Mr. Tidwell ordered to pay interim spousal support through May 19, 2015, is moot and should be dismissed; Ms. Tidwell is entitled to past-due interim 1 ¿spousal support payments; Mr. Tidwell be held in contempt of court; Mr. Tidwell should pay at least $1,000 per month toward his arrears until paid in full; and Mr. Tidwell should pay attorney fees and court co.sts.

Both parties filed objections to the hearing officer’s conference report. Oh January 4, 2016, the trial court filed a temporary order, ordering that the hearing officer’s recommendations be -'made a temporary order of the court.-It stated that the recommendations as to the accrual of past dué support, the- finding of contempt, the punishment for contempt and the award of attorney fees were not made temporary orders of the court.

A hearing before the trial' court on the objections and related'issues was held on May-' 16, 2016. Counsel for Mr. Tidwell argued that the interim spousal support award should have terminated on March 24, 2014, i.e., the date the. divorce was granted. He pointed out that La. C.C. art. 113 refers to “the rendition of a judgment of divorce” and argued that this is .the date the, trial court granted .the judgment of divorce. He further argued .that Mr. Tid-well should receive a credit for the house note payments he made because he was not required to make those payments once the period for the interim spousal support [537]*537award ended. He also requested that Mr. Tidwell be awarded exclusive use of the Domicile. Counsel for Ms. Tidwell argued that the judgment of divorce was not a definitive judgment until the appeal process was completed and that the finality of the judgment is not retroactive to the date of the trial court’s judgment.

Mr. Tidwell testified that he paid interim spousal support through September 30, 2014, i.e., six months after the judgment of divorce. He stated that his attorney advised him to- discontinue paying the house note, but he continued to make the payments so as not to ruin his credit. He noted that |f,Ms. Tidwell refused to make any payments on the house note. He consented to Ms. Tidwell having exclusive use of the Domicile because it was his understanding that she would have that use only for six months after the divorce. He testified that he was requesting exclusive use of the Domicile because he was making the house note payments and because he wants his children to have a home again.

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Related

Lyons v. Lyons
768 So. 2d 853 (Louisiana Court of Appeal, 2000)
Lang v. Lang
859 So. 2d 256 (Louisiana Court of Appeal, 2003)
King v. King
136 So. 3d 941 (Louisiana Court of Appeal, 2014)
Tidwell v. Tidwell
152 So. 3d 1045 (Louisiana Court of Appeal, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
225 So. 3d 533, 2017 WL 2665121, 2017 La. App. LEXIS 1139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tidwell-v-tidwell-lactapp-2017.