Walker v. Lanier

221 So. 3d 470, 2016 WL 5572707, 2016 Ala. Civ. App. LEXIS 249
CourtCourt of Civil Appeals of Alabama
DecidedSeptember 30, 2016
Docket2150542
StatusPublished
Cited by8 cases

This text of 221 So. 3d 470 (Walker v. Lanier) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walker v. Lanier, 221 So. 3d 470, 2016 WL 5572707, 2016 Ala. Civ. App. LEXIS 249 (Ala. Ct. App. 2016).

Opinion

THOMPSON, Presiding Judge.

James Howard Walker (“the father”) appeals fi’om á judgment of the Lauderdale Circuit Court (“the trial court”) modifying the child-support provisions set forth in a judgment (“the divorce judgment”) divorcing him from Courtney R. Lanier (“the mother”) in February 2008. Iñ the divorce judgment, the father was awarded custody, subject,to the mother’s visitation, of the parties’ two children (“the children”), who were three and four years old at the time. Pursuant to an agreement of the parties that was incorporated into the divorce judgment, .the mother was not required to pay child support because she was not employed full time at that time.

[471]*471This is the third time the parties have been before this court. In Walker v. Lanier, 180 So.3d 39 (Ala.Civ.App.2015) (“Walker I”), this court set out the relevant procedural history. On August 23, 2010, the State of Alabama, on behalf of the father, filed a petition in the trial court seeking child-support. That action was assigned case number DR-07-9.02 (“the child-support case”). Subsequently, the mother filed in the trial court a .petition seeking to hold the father in contempt and requesting to modify visitation and custody. That action was assigned case number DR-07-9.03 (“the custody-modification case”). Id. at 40. The trial, court consolidated the two actions. The last day of the evidentiary hearing was held in September 2013. The trial court did not enter its judgments in the cases until June 4, 2014, more than eight months after the hearing concluded. The judgment in the child-support case denied the State’s request on behalf of the father for child support. The judgment in the custody-modification case denied the mother’s petition insofar as it 'sought to hold the father in contempt but granted her request for a modification of custody, ordering the father and the mother to share joint physical custody of the children. Id. at 41. The father appealed from both judgments.

In Walker I, released on April 24, 2015, this court reversed both judgments. As to the judgment entered in the custody-modification case, this court was unable to determine whether the trial court had applied the correct standard set out in Ex parte McLendon, 455 So.2d 863 (Ala.1984); therefore, we reversed the judgment in that case and remanded the case to the trial court to apply the correct standard. Walker I, 180 So.3d at 44.

This court also reversed the judgment entered in the child-support case because child-support obligations are dependent upon custody arrangements. We wrote that, “in light of our reversal of the judgment in the custody-modification, case; the trial court will have the opportunity to review the evidence relevant to child support and to reconsider that issue.” Id.

On July 10, 2015, the trial court entered a judgment in the custody-modification case awarding the parties joint legal custody and awarding the father “sole physical custody.” In that judgment, the trial court stated: “In light of the necessary changes concerning the question of custody, the issue of child support will be .addressed by separate order in the [child-support case].” The mother filed a postjudgment motion in the custody-modification case; that motion was denied. There is nothing in the record on appeal indicating that the mother appealed from the judgment entered in the custody-modification case.

On November 12, 2015, the father filed a motion in the trial court seeking the entry of a judgment in the child-support case. Specifically, the father sought a judgment awarding him child support going forward, pursuant to Rule 32, Ala. R. Jud, Admin., and also awarding him child support retroactive to August 23, 2010, when the petition in the child-support case was filed, until June 4, 2014, when the trial- court entered its initial judgment in the child-support case, and from April 24, 2015, when this court issued its opinion in Walker I, forward. The trial court did not enter a judgment as requested by the father.

On December 21, 2015, approximately nine months after this court’s opinion in Walker I was released, the father filed a petition for a writ of mandamus in this court in which he asked this court to direct the trial court to enter a judgment in the child-support case. Ex parte Walker, 203 So.3d 116, 119-20 (Ala.Civ.App.2016) (‘Walker II”). This court granted the petition, concluding that the trial court had [472]*472failed to comply with this court’s mandate in Walker I. Walker II, 203 So.3d at 120. The trial court was instructed to enter an order in the child-support case within 28 days of the release of the opinion Walker II. Id.

On February 29, 2016, more than one year after this court’s opinion in Walker I was released, the trial court entered a judgment in the child-support case. In that judgment, the trial court found that the parties had stipulated that the mother’s income from full-time employment was $1,733 per month. The judgment did not include a finding regarding the father’s monthly income. The mother was ordered to pay the father child support in the amount of $507 a month. The trial court stated that the child-support guidelines set forth in Rule 32, Ala. R. Jud. Admin., had been applied in calculating the mother’s child-support obligation. As to the father’s request for retroactive child support, the trial court stated: “The parties’ [divorce judgment] stipulated that no child support would be made payable by the mother until the mother obtained full time employment. Therefore, any request for arrear-age or retroactive child support is DENIED.” The father timely appealed from the judgment in the child-support case.

On appeal, the father contends that the trial court abused its discretion in failing to award him retroactive child support. Whether to make a parent’s child-support obligation retroactive to the date the petition to modify was filed is a decision committed to the sound discretion of the trial court. Volovecky v. Hoffman, 903 So.2d 844, 850 (Ala.Civ.App.2004).

“The trial court may exercise its discretion in setting the effective date of a modification, but it is not bound to modify as of the date of the filing of the petition. Clutts v. Clutts, 54 Ala.App. 43, 304 So.2d 599 (1974); see also, Murphy v. Murphy, 491 So.2d 978 (Ala.Civ.App.1986). This matter is within the sound discretion of the trial judge, whose decision will not be disturbed unless it was so unsupported by the evidence as to be palpably wrong, manifestly unjust, or plainly erroneous. Culverhouse v. Culverhouse, 389 So.2d 937 (Ala.Civ.App.1980).”

Rogers v. Sims, 671 So.2d 714, 716-17 (Ala.Civ.App.1995).

In this case, the mother testified that, after the parties reached their agreement that she would not pay child support but before the divorce judgment was entered, she obtained full-time employment at Helen Keller Hospital, earning $9.33 an hour. She said that, in May 2010, she left her job with the hospital and took another full-time job as an optometry technician. The parties stipulated that the mother’s monthly gross income was $1,733.

In its judgment, the trial court stated that it was denying the father’s request for retroactive child support because the parties had agreed that “no child support would be made payable by the mother until the mother obtained full time employment.” However, the evidence was undisputed that the mother had been employed full time since before the divorce judgment was entered.

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Bluebook (online)
221 So. 3d 470, 2016 WL 5572707, 2016 Ala. Civ. App. LEXIS 249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-lanier-alacivapp-2016.