Verges v. Verges

815 So. 2d 356, 2002 WL 467833
Louisiana Court of Appeal·Decided March 28, 2002·No. 2001 CA 0208·Published·Cited by 11 cases

Opinion

815 So.2d 356 (2002)

Wade T. VERGES
v.
Donna S. VERGES.

No. 2001 CA 0208.

Court of Appeal of Louisiana, First Circuit.

March 28, 2002.
Rehearing Denied May 2, 2002.

*358 Michael Baham, Pat M. Franz, Metairie, for Plaintiff/Appellant, Wade T. Verges.

Clint Pierson, Jr., Mandeville, Grace Phyllis Gremillion, Covington, for Defendant/Appellee, Donna S. Verges.

Before: WHIPPLE, FOGG and GUIDRY, JJ.

WHIPPLE, Judge.

In this child support case, appellant, Wade T. Verges, challenges a judgment of the trial court awarding child support and arrearages to appellee, Donna S. Verges, for the support of their minor child, Courtney Verges.[1] For the following reasons, we amend and, as amended, affirm.

FACTS AND PROCEDURAL HISTORY

Wade Verges and Donna Verges were married on December 29, 1989. They are the natural parents of two children: Trent Verges and Courtney Verges. The parties were divorced by judgment dated June 21, 1994. As Trent has reached the age of majority, the child support judgment at issue herein relates solely to the support of Courtney, who was seven years old at the time of trial and suffers from Down's Syndrome.

Initially, an interim order of support was rendered, awarding Mrs. Verges $1,600.00 per month for the support of the two minor children. This award was based on an income and expense affidavit dated June 15, 1994 and submitted by Mr. Verges, wherein he claimed his gross monthly income was $2,170.00. Pursuant to a rule for reduction filed by Mr. Verges, the interim order of support was subsequently reduced to $1,475.00 per month.

Thereafter, on September 14, 1998, Mrs. Verges filed a rule for contempt, alleging that Mr. Verges had willfully failed to obey prior interim court orders in that he had failed to pay numerous creditors as previously ordered and had misrepresented his income to the court in the prior setting of the interim child support amount. In the rule, she requested that the interim child support award be redetermined and adjusted, retroactive to the date of the original determination, and that attorney's fees and costs be assessed against him. A hearing on the rule for contempt was held on July 1, 2, and 6, 1999. However, during a recess of the trial, the parties settled the issue of the arrearages owed through August *359 of 1999 and stipulated that this portion of the rule and the contempt charges be dismissed.[2] Thus, the sole remaining issue for trial was the determination of the amount of child support to be paid for Courtney, retroactive to September of 1999. Trial of this remaining issue was eventually reset and held on August 29, 31 and September 1, 2000. Finding that Mr. Verges had grossly misrepresented his income, and that the child support award accordingly had been miscalculated in the interim order, the trial court set aside the prior child support obligation of $1,475.00. Instead, the court rendered judgment awarding Mrs. Verges child support in the amount of $5,124.00 per month retroactive to September 1, 1999, as well as the additional arrearages owed, in the amount of $39,788.00, to be paid at a rate of $3,315.66 per month over the course of twelve months. The trial court further ordered Mr. Verges to continue to maintain health insurance on the minor child and to pay his pro-rata share of all uncovered health and dental expenses. The trial court also awarded Mr. Verges the federal tax deduction for Courtney.

Mr. Verges appeals, assigning error to the trial court's calculation of the child support award, presenting the issues to be resolved as follows:

1. Is there sufficient evidence in the record to support the trial court's determination that Mr. Verges' gross income is three times that reflected on his tax returns?
2. Did the trial court err in finding that Mrs. Verges' gross income was $2000.00 per month-substantially less than reflected on her tax returns and paycheck stubs in evidence?
3. In a case involving a combined monthly gross income greater than the highest amount on the child support schedule, did the trial court err in simply multiplying the highest support amount by the ratio by which the combined income exceeded $10,000.00?
4. Did the trial court err in failing to include health insurance premiums paid by Mr. Verges in the support computation?
5. Did the trial court err in awarding M[r]s. Verges payment for a child care expense she was not incurring; and further, in awarding retroactive reimbursement for an expense she had not incurred?
6. What is the correct amount of child support, determined in accordance with the guidelines and supported by the evidence in the record?

Mrs. Verges, in turn, answered the appeal and likewise challenges the trial court's calculation of the child support award, contending that it should be increased, as follows:

1. The father's income as computed by [the trial court] was admittedly not a complete account of all of his income, and thus the amount of support awarded for the support of the minor child was in error.
2. Computing the award by simply multiplying the maximum award provided in the table by a factor that the father's income exceeds the upper limit of the table is erroneous.
3. The amount allotted to pay for the caregiver, Ms. Kelley, is in error.

DISCUSSION

MR. VERGES' GROSS INCOME

(Appellant's and Appellee's Assignment of Error No. 1)

In these assignments, Mr. Verges contends that the $30,000.00 figure utilized *360 by the trial court as his monthly income in computing the support award is "totally unsupported" by the evidence, and Mrs. Verges counters that Mr. Verges' income is more than $30,000.00 per month.

As reflected in the trial court's reasons for judgment, after considering the parties' testimony and evidence, the trial court concluded that Mr. Verges had not been "forthcoming" about his income. In its reasons for judgment, the trial court set forth at length Mr. Verges' financial dealings and discussed in detail how it arrived at the figure of $30,000.00 as Mr. Verges' monthly income, noting as follows:

Many exhibits were entered into the record and testimony was heard, both revealing that Mr. Verges is a shrewd businessman. Initially he had placed the family dwelling on Beau Chene Drive in Dr. Lea's name, so that Mrs. Verges and the two children were evicted. Almost all of his real estate holdings were also in Dr. Lea's name, but the testimony and exhibits revealed that Mr. Verges was a full partner in ownership and management. After Mr. Verges and Dr. Lea separated their partnership by "Consent Judgment" in Orleans Parish in November 1997, the Beau Chene property was deeded to Mr. Verges as well as certain apartment houses and office buildings. The Beau Chene property remains in his name, but the rents go to an LLC totally owned by Mr. Verges' third wife as "management fees." Other holdings which were settled in the Dr. Lea case have ended in other LLC's owned by the third Mrs. Verges. This convoluted financial picture was not assisted by Mr. Verges' CPA, Mr. Aucoin, who admitted that he asked no questions even when "red flags" presented themselves on the declarations. Mr. Aucoin merely accepted numbers provided by the office manager on a diskette and made out the tax returns. Even when "Other Expenses" listed under "Repairs and Maintenance

Free access — add to your briefcase to read the full text and ask questions with AI

Verges v. Verges, 815 So. 2d 356, 2002 WL 467833 (La. Ct. App. 2002).

815 So. 2d 356 (Verges v. Verges) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

McClanahan v. McClanahan
169 So. 3d 587 (Louisiana Court of Appeal, 2015)
Harang v. Ponder
36 So. 3d 954 (Louisiana Court of Appeal, 2010)
Scott v. Scott
989 So. 2d 290 (Louisiana Court of Appeal, 2008)
Lindsay v. GREATER NEW ORLEANS EXPRESSAWAY COMMISSION
966 So. 2d 1247 (Louisiana Court of Appeal, 2007)
Flanagan v. Department of Environmental Quality
966 So. 2d 1247 (Louisiana Court of Appeal, 2007)
McCorvey v. McCorvey
922 So. 2d 694 (Louisiana Court of Appeal, 2006)
Westcott v. Westcott
927 So. 2d 377 (Louisiana Court of Appeal, 2005)
Jones v. Jones
877 So. 2d 1061 (Louisiana Court of Appeal, 2004)
Stephenson v. Stephenson
847 So. 2d 175 (Louisiana Court of Appeal, 2003)
Verges v. Verges
814 So. 2d 53 (Louisiana Court of Appeal, 2002)