Welborne v. Welborne

694 So. 2d 578, 1997 WL 254191
CourtLouisiana Court of Appeal
DecidedMay 7, 1997
Docket29479-CA
StatusPublished
Cited by29 cases

This text of 694 So. 2d 578 (Welborne v. Welborne) 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
Welborne v. Welborne, 694 So. 2d 578, 1997 WL 254191 (La. Ct. App. 1997).

Opinion

694 So.2d 578 (1997)

Deborah Ann WELBORNE, Plaintiff-Appellant,
v.
Sammy Ray WELBORNE, Defendant-Appellee.

No. 29479-CA.

Court of Appeal of Louisiana, Second Circuit.

May 7, 1997.
Rehearing Denied June 12, 1997.

*580 Gary D. Nunn, Jonesboro, for Plaintiff-Appellant.

Charles E. Herring, Jr., Bastrop, for Defendant-Appellee.

Before STEWART, CARAWAY and PEATROSS, JJ.

CARAWAY, Judge.

Deborah Ann Welborne appeals a trial court judgment awarding her child support arrearages and an increase in child support. Ms. Welborne asserts the trial court erred in calculating the arrearages and ordering them placed in trust for the minor's education. Ms. Welborne also asserts the trial court erred in failing to make the child support increase retroactive and in refusing to award her attorney's fees and to hold her former spouse, Sammy Welborne, in contempt.

Mr. Welborne answered the appeal and asserted the trial court erred in modifying the previous joint custody award, awarding arrearages, and requiring Mr. Welborne to pay certain medical bills. On appeal, Mr. Welborne also asserts the trial court erred in refusing to hold Ms. Welborne in contempt.

Facts and Procedural History

Deborah Ann and Sammy Ray Welborne divorced on June 11, 1990. The Welbornes shared joint custody of their two minor daughters, and Mr. Welborne was ordered to pay two hundred dollars in child support for each child and one-half of all medical expenses not covered by insurance.

On September 23, 1991, the trial court increased Mr. Welborne's child support obligation to $500 per month for nine months and $250 for the summer months during which he maintained physical custody of the remaining minor child, Hollie.[1] On August 13, 1992, the trial court found Ms. Welborne in violation of the joint custody agreement and issued the following judgment:

IT IS FURTHER ORDERED that the following sanctions are imposed upon Deborah Ann Welborne, until the Joint Custody Order is complied with:
A. Sammy Welborne is relieved from any child support obligation retroactive to the date of the filing of this Rule for Contempt, until such time as there is compliance with the Joint Custody Plan.

The judgment also ordered Ms. Welborne to pay $500 in attorney fees.

*581 The current litigation began on January 11, 1995 when Ms. Welborne filed a rule to modify custody, increase child support, and for contempt for failure to pay child support. The record shows that Sammy Welborne is an employee of International Paper Company who earns an annual salary, excluding overtime, of approximately $45,000. He works approximately 16 hours a week overtime for which he receives $29.70 an hour. In early 1992, Mr. Welborne voluntarily raised his health insurance deductible from $150 to $1,000. Hollie is a beneficiary of this health insurance plan and the increased premium resulted in greater out of pocket medical expenses for her. Mr. Welborne admits he has not paid any of his child's medical bills since 1992.

Following the August 12, 1992 judgment against Ms. Welborne for violating the custody agreement and her renewed compliance with the custody arrangement, Mr. Welborne resumed paying his court ordered child support from September, 1992 until June, 1994. In March, 1993 and August, 1993, however, Mr. Welborne only paid one-half of the specified child support because Hollie missed a portion of her visitation with him. Mr. Welborne testified that he believed the August, 1992 judgment granted him the authority to withhold child support at any point when he determined Ms. Welborne was not in compliance with the custody order.

In June, 1994, Mr. Welborne and his teenage daughter argued bitterly. His daughter has not returned to his home and he has not paid child support since that date. The record contains testimony regarding several other minor misunderstandings that resulted in confusion and family upheaval demonstrating the inability of Mr. and Ms. Welborne to communicate with each other regarding their minor child. These same incidents reflect Mr. Welborne's apparent inability to relate to his increasingly independent teenage child.

Daniel Pryor, a court appointed licensed professional counselor, interviewed Mr. and Mrs. Welborne and both of their children. Based on his interviews, Mr. Pryor concluded that Mr. Welborne's remarriage in 1991 to an eighteen year old woman and his refusal to provide financial support resulted in an extremely strained relationship with Hollie. Mr. Pryor recommended at least a year of counseling.

Shermie Clark, another licensed professional counselor, interviewed the Welbornes and their daughter and concluded that Mr. Welborne needed counseling in order to build a relationship with his teenage daughter. During her interview with Ms. Clark, Hollie expressed resentment, anger and frustration toward the circumstances that apparently tied Mr. Welborne's obligation to pay child support to her visitation of him. Hollie believed that Mr. Welborne would rather her not visit him in order that he might be allowed to withhold child support payments. When asked to analyze the final argument between father and daughter, Ms. Clark characterized the argument by stating: "Very much like two children fighting instead of father and daughter trying to work out their problems."

Following trial, the district court entered judgment replacing the joint custody with sole custody in favor of Ms. Welborne, increased the child support obligation to $650.33 per month, retroactive to January 1, 1996, and ordered Mr. Welborne to place $6,000 in child support arrearages in trust for his daughter's education. The trial court also ordered Mr. Welborne to pay $2,174.00 to reimburse Ms. Welborne for out of pocket medical expenses incurred as a result of Mr. Welborne raising his insurance deductible from $150 to $1,000 in contravention of a previous judgment. In addition, the trial court ordered Mr. Welborne to pay $158.12 for out of pocket medical expenses incurred prior to the increased deductible. The trial court refused to hold either of the Welbornes in contempt.

Discussion

Child support arrearages

The September, 1991 judgment setting child support at $500 per month was reaffirmed in the August, 1992 judgment. After the August, 1992 judgment, Mr. Welborne substantially complied with his support obligation for twenty-two consecutive months. *582 His assertion that the judgment bestowed upon him the power to unilaterally determine whether Ms. Welborne complied with the custody order and to withhold support if she did not is not supported by any language of the prior judgment[2] and totally contrary to the law. The Louisiana Supreme Court discussed child support awards as follows:

[U]nless automatic reduction, modification or termination is provided for by operation of law, the award remains enforceable notwithstanding that a cause for reduction may have occurred which would, upon proper suit, warrant such a reduction. Support for this rule is found in a proper regard for the integrity of judgments. Such a regard does not condone a practice which would allow those cast in judgment to invoke self-help and unilaterally relieve themselves of the obligation to comply. Any other rule of law would greatly impair the sanctity of judgments and the orderly processes of law.

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

Related

Schmidt v. Schmidt
270 So. 3d 804 (Louisiana Court of Appeal, 2019)
State, Department of Social Services ex rel. P.B.
114 So. 3d 1161 (Louisiana Court of Appeal, 2013)
Beene v. Beene
997 So. 2d 169 (Louisiana Court of Appeal, 2008)
Harrington v. Harrington
989 So. 2d 838 (Louisiana Court of Appeal, 2008)
Brantley v. Kaler
986 So. 2d 188 (Louisiana Court of Appeal, 2008)
Rutledge v. Rutledge
945 So. 2d 307 (Louisiana Court of Appeal, 2006)
Howard v. Willis-Knighton Medical Center
924 So. 2d 1245 (Louisiana Court of Appeal, 2006)
McCorvey v. McCorvey
922 So. 2d 694 (Louisiana Court of Appeal, 2006)
Nesbitt v. Nesbitt
920 So. 2d 326 (Louisiana Court of Appeal, 2006)
State, Department of Social Services ex rel. C.J.V. v. Neathery
909 So. 2d 40 (Louisiana Court of Appeal, 2005)
DSS EX REL. CJV v. Neathery
909 So. 2d 40 (Louisiana Court of Appeal, 2005)
Carmouche v. Carmouche
869 So. 2d 224 (Louisiana Court of Appeal, 2004)
Satterfield v. Alline
805 So. 2d 309 (Louisiana Court of Appeal, 2001)
Jones v. Jones
793 So. 2d 243 (Louisiana Court of Appeal, 2001)
Curtis v. Curtis
773 So. 2d 185 (Louisiana Court of Appeal, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
694 So. 2d 578, 1997 WL 254191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/welborne-v-welborne-lactapp-1997.