Voorhies v. Voorhies

688 So. 2d 1158, 1996 WL 577450
CourtLouisiana Court of Appeal
DecidedOctober 9, 1996
Docket96-342
StatusPublished
Cited by7 cases

This text of 688 So. 2d 1158 (Voorhies v. Voorhies) 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
Voorhies v. Voorhies, 688 So. 2d 1158, 1996 WL 577450 (La. Ct. App. 1996).

Opinion

688 So.2d 1158 (1996)

Elizabeth Normand VOORHIES, Plaintiff-Appellee,
v.
Keith VOORHIES, Defendant-Appellant.

No. 96-342.

Court of Appeal of Louisiana, Third Circuit.

October 9, 1996.

*1159 Rodney Marchive Rabalais, Marksville, for Elizabeth Normand Voorhies.

R. Greg Fowler, Alexandria, for Keith Voorhies.

Before THIBODEAUX, COOKS and AMY, JJ.

AMY, Judge.

This suit arises from a joint custody decree. The issues on appeal are whether the trial court erred in (1) increasing defendant's child support payments and (2) failing to award defendant more visitation with his minor children. For the reasons which follow, we affirm.

DISCUSSION OF THE RECORD

Elizabeth Normand Voorhies and Keith Voorhies were married on June 8, 1985. During their marriage two children were born, Matthew and Kaylee. On March 19, 1993, Elizabeth filed a petition for divorce under Article 102 of the Louisiana Civil Code. Pursuant to La.Code Civ.P. art. 3957(C), Keith waived appearance and acceptance of service. On October 8, 1993, the trial court granted a judgment of divorce, which also incorporated a consent decree establishing custody of the minor children and support payments. The consent decree provided: (1) joint custody of the minor children, Matthew and Kaylee; (2) Elizabeth as primary physical custodian; (3) Keith was to have physical custody of the children on the first and third weekends of each month, two weeks in the summer, every Father's Day, and standard pre- and post-holiday periods during Easter, Thanksgiving and Christmas; (4) Keith was to pay Elizabeth $400.00 per child in child support every month; (5) Keith was to pay all medical, dental, optical and pharmaceutical expenses incurred by the children; and (6) Keith was granted the right to claim both children on his federal and state income tax forms.

In July 1995, Keith filed a Rule to Modify Custody with a Rule to Reduce Child Support. Specifically, Keith requested that he have physical custody of the children during *1160 the days he is on-shore.[1] Furthermore, Keith requested that his child support payments be reduced based on a "change of circumstances" since the original judgment of divorce. Keith asserted that his child support payments should be reduced because (1) Elizabeth was now employed and (2) Elizabeth had remarried and her husband was employed. Keith insisted that, while his income had not changed, Elizabeth now had more income and that fact, alone, should warrant a reduction in his child support payments. In response, Elizabeth filed a Rule to Increase Child Support and Modify Custody.

On October 31, 1995, a hearing was held on the merits. On December 21, 1995, the trial court rendered judgment, increasing Keith's child support payments from $400.00 per child every month to $509.00 per child every month. Further, the trial court increased Keith's physical custody, granting him any fifth weekend of any month and an additional week of his choice during the summer months. Finally, the trial court ordered (1) Elizabeth to submit any unpaid medical bills to her insurance company, and if any unpaid medical bills remained after submission to both insurers, then responsibility for payment would be allocated 76% to Keith and 24% to Elizabeth; and (2) Keith and Elizabeth, each, have one child as a tax exemption.

Keith appeals from that judgment and asserts that the trial court erred in: (1) applying La.R.S. 9:315 to increase his child support obligation when all the factors revealed that Elizabeth's financial condition has improved and that his financial condition has remained the same[2]; and (2) failing to award a meaningful increase in his physical custody of the minor children.

LAW

CHILD SUPPORT PAYMENTS

At this point, we note that Keith and Elizabeth do not dispute the trial court's finding that a change in circumstances has occurred since the original custody decree mandating a change in child support payments. Since the time of the original decree, Elizabeth has remarried, obtained a job earning $900.00 per month, and receives a benefit in the amount of $233.00 from her present spouse's income. Additionally, Keith's salary has remained static ($3,650.00 per month); however, he no longer owes on the community debt assumed in the community property settlement.[3]

Keith urges this court to follow the decisions in Carriere v. Alexander, 504 So.2d 567 (La.App. 3 Cir.), writ denied, 508 So.2d 90 (La.1987) and Crowder v. Crowder, 595 So.2d 810 (La.App. 2 Cir.), writ denied, 598 So.2d 358 (La.1992). These cases are examples when courts have refused to grant an increase to a spouse who is in a better position now than at the time of the original decree. The facts in Carriere are distinguishable from those in the present case. In Carriere, the mother was refused an increase in child support where she had an *1161 increase in available income and the father had a substantial reduction in his income. However, in the present case, Keith has not experienced a substantial reduction in income. To the contrary, he is actually in a slightly better economic position than at the time of the original decree due to the absence of the community debt he assumed in the community settlement.

In Crowder, the mother's income had increased by approximately 44%, while the father's income had remained the same. Further, both parties had incurred substantial debt obligations. The second circuit, in reversing the trial court's judgment which increased the father's child support payments, stated:

In order to warrant modification of a child support award, the petitioning party logically must show that circumstances have substantially shifted in a positive or negative direction consistent with the adjustment sought. For example, a parent seeking an increase in payments should be required to demonstrate an improvement in the payor's financial condition, a worsening in the payee's financial condition, or greater needs by the minor. Any other approach would defy reason and produce absurd results. (citations omitted).

Crowder, 595 So.2d at 812.

Contrary to Keith's arguments, we find that Crowder is consistent with the trial court's disposition of child support payments. Elizabeth, as previously stated, filed a rule to increase Keith's child support payments. Also, as previously noted, Keith's economic condition has improved since the original custody decree since he is no longer burdened with a substantial community debt. Therefore, Elizabeth, who wanted an increase in child support payments, showed that the payor's [Keith] financial condition had improved.

We conclude that the language of the applicable statutory provisions mandates that the guidelines for determination of child support be applied in every instance where a sufficient "change in circumstances" is proven. La.R.S. 9:315.1 provides in pertinent part:

A. The guidelines set forth in this Part are to be used in any proceeding to establish or modify child support filed on or after October 1, 1989. There shall be a rebuttable presumption that the amount of child support obtained by use of the guidelines set forth in this Part is the proper amount of child support.
B. The court may deviate from the guidelines set forth in this Part if their application would not be in the best interest of the child or would be inequitable to the parties. The court

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Cite This Page — Counsel Stack

Bluebook (online)
688 So. 2d 1158, 1996 WL 577450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/voorhies-v-voorhies-lactapp-1996.