Trahan v. Panagiotis

654 So. 2d 398, 1995 WL 144993
CourtLouisiana Court of Appeal
DecidedApril 5, 1995
Docket94-1281
StatusPublished
Cited by4 cases

This text of 654 So. 2d 398 (Trahan v. Panagiotis) 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
Trahan v. Panagiotis, 654 So. 2d 398, 1995 WL 144993 (La. Ct. App. 1995).

Opinion

654 So.2d 398 (1995)

Kenneth J. TRAHAN, Plaintiff-Appellee,
v.
Bambi G. PANAGIOTIS, Defendant-Appellant.

No. 94-1281.

Court of Appeal of Louisiana, Third Circuit.

April 5, 1995.
Rehearing Denied June 7, 1995.

*399 Michael Voorhies Matt, Eunice, for Kenneth J. Trahan.

Anthony Fazzio, Richard J. Hymel, Lafayette, for Bambi G. Panagiotis.

Before DOUCET, Chief Judge, and LABORDE and KNOLL, JJ.

LABORDE, Judge.

In this child support case, defendant mother appeals a trial court ruling reducing the father's monthly child support obligation. We reverse the finding that Lilly Trahan's private school expenses should not be included in the child support obligation, but affirm the trial court's decision in all other respects.

FACTS

Plaintiff, Kenneth Trahan, and defendant, Bambi Panagiotis, are former spouses. Two children were born during their marriage, Joshua and Lilly Trahan.

On May 24, 1991, the parties entered into a Consent Judgment, in which Trahan agreed to pay monthly child support of $550.00, $275.00 for each child. Further, he also agreed to pay $92.00 for lunch fees for both children for the second and third quarters of the 1990-1991 school year. At the time of the consent judgment, Trahan was earning a gross monthly salary of $2,100, and Panagiotis was earning a gross monthly salary of approximately $1,800.

On October 8, 1993, Trahan filed a rule to decrease child support, requesting a reduction in his monthly obligation because he was no longer employed due to a work-related accident and was receiving worker's compensation benefits.

After her divorce from Trahan, Ms. Panagiotis married Mr. Dan Panagiotis, a Lafayette attorney. Defendant and her new husband had a daughter, who was approximately 18 months old at the time of the hearing. Panagiotis left her job after her daughter's birth to stay at home with the baby.

At the hearing on March 28, 1994, Trahan introduced an affidavit establishing his monthly income, consisting only of worker's compensation benefits of $1228.00. Panagiotis did not have any monthly income at the time of the hearing.

Panagiotis also presented evidence on the medical expenses she had incurred on behalf of the two children which were not covered by insurance. Panagiotis submitted medical bills totalling $2,438.26 for Joshua and $858.77 for Lilly. However, at trial, Panagiotis testified that she did not submit any of these medical bills to her ex-husband's insurance company because they had informed her that she could not be reimbursed directly; any reimbursements issued would be payable only to Mr. Trahan. Trahan testified that as far as he knew, his children were covered under his medical insurance and that he had no knowledge of any claims made by his ex-wife on behalf of the children which had been denied. Additionally, Panagiotis made a claim for the cost of her daughter's private school. At the time of the consent judgment, Joshua was attending private school and Lilly was in daycare. At the time of the hearing, Lilly was old enough to attend school and Panagiotis had enrolled her in the same school as Joshua.

The trial court found that Panagiotis was voluntarily unemployed, and estimated that her gross monthly income would be in excess of Trahan's. Thus, the trial court reduced Trahan's monthly child support obligation to $363.00. The trial court also denied Panagiotis's claim for medical expenses and for private school expenses for Lilly.

Panagiotis appeals, alleging four assignments of error:

1. The trial court erred in failing to add extraordinary medical expenses to the basic child support obligation;
2. The trial court erred in allowing one child to have a private school education but not the other;
3. The trial court erred in considering the mother's earning potential; and
4. The trial court erred by not giving oral or written reasons for deviating from the child support guidelines.

Trahan filed an answer to the appeal, in which he requests that his child support obligation be further decreased because the trial court incorrectly added expenses for Joshua *400 to attend private school to the basic child support obligation.

LAW

Medical Expenses

Panagiotis claims that the trial court erred in failing to include the medical expenses she incurred on behalf of her children when determining Trahan's child support obligation, as "extraordinary medical expenses" as defined in La.R.S. 9:315(3) are included in the total child support obligation under La.R.S. 9:315.8. Further, defendant claims that La. R.S. 9:315.5 mandates that extraordinary medical expenses be added to the basic child support obligation.

La.R.S. 9:315(3) provides as follows:
(3) "Extraordinary medical expenses" means uninsured expenses over one hundred dollars for a single illness or condition. It includes but is not limited to reasonable and necessary costs for orthodontia, dental treatment, asthma treatment, physical therapy, uninsured chronic health problems, and professional counseling or psychiatric therapy for diagnosed mental disorders.
La.R.S. 9:315.5 provides as follows:
By agreement of the parties or order of the court, extraordinary medical expenses incurred on behalf of the child shall be added to the basic child support obligation.

At the hearing, Panagiotis stated that she did not submit any claims to her former husband's insurance company because she could not get reimbursed directly. Therefore, she claimed that these expenses were uninsured medical expenses. However, since she never submitted any of these claims to her former husband's insurer through Mr. Trahan, it is not known whether these expenses would have been covered by her former husband's insurance policy. Thus, the trial court apparently found that these expenses were not uninsured medical expenses since they had not been properly submitted and rejected by her former husband's insurer, and the parties had previously agreed that Trahan's health insurance would insure the children. 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). We find no abuse of discretion in the trial court's ruling.

Private School Expenses

Panagiotis claims that the trial court erred in allowing Joshua to attend private school but not allowing Lilly to also attend private school. Defendant argues that La.R.S. 9:315.6, which allows expenses for private school to be added to the basic child support obligation, while not mandatory, does not permit discrimination between minor children. In his answer to the appeal, Trahan also objects to the award of private school expenses, alleging that the trial court erred in adding expenses to the basic child support obligation for Joshua's private school.

La.R.S. 9:315.6 provides, in pertinent part, as follows:

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 elementary or secondary school to meet the particular educational needs of the child....

A child's successful continuation of his or her education in a proven academic environment is in his or her best interest. Dempsey v. Stevens, 611 So.2d 815 (La.App. 3 Cir.1992); Corley v. Corley, 600 So.2d 908 (La.App.

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Bluebook (online)
654 So. 2d 398, 1995 WL 144993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trahan-v-panagiotis-lactapp-1995.