Widman v. Widman

619 So. 2d 632, 1993 WL 145353
CourtLouisiana Court of Appeal
DecidedMay 5, 1993
Docket92-930
StatusPublished
Cited by12 cases

This text of 619 So. 2d 632 (Widman v. Widman) 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
Widman v. Widman, 619 So. 2d 632, 1993 WL 145353 (La. Ct. App. 1993).

Opinion

619 So.2d 632 (1993)

Janet Nancy Ducuing WIDMAN, Plaintiff-Appellee,
v.
Francis Gerald WIDMAN, Defendant-Appellant.

No. 92-930.

Court of Appeal of Louisiana, Third Circuit.

May 5, 1993.
Rehearing Denied June 25, 1993.

*633 James Nathan Prather Jr., Lafayette, for Janet N.D. Widman.

Helen Scott Johnson, Lafayette, for Francis G. Widman.

Before LABORDE, THIBODEAUX and SAUNDERS, JJ.

SAUNDERS, Judge.

This is an appeal by defendant-appellant, Francis Gerald Widman, from the trial court's judgment in favor of Janet Widman, plaintiff-appellee, in the amount of $1,000.00 per month in alimony pendente lite and $1,829.79 in child support for the support of three (3) minor children.

FACTS

During their marriage, the Widmans formed a corporation, Measurement Electronics, Inc., (hereinafter MEI). Prior to their separation, Janet performed bookkeeping services for the corporation and Francis conducted the business affairs of the corporation. The corporation's business was to provide electronic measuring equipment for other businesses.

A petition for divorce was filed under LSA-C.C. art. 102 on October 29, 1991. Incident to this petition, Janet requested alimony pendente lite, child support and custody of the three (3) remaining minor children of the marriage. After hearing, the district court rendered judgment ordering Francis to pay child support in the monthly amount of $1,829.79 and further requiring him to pay alimony pendente lite in the monthly amount of $1,000.00. Defendant-appellant contends that the trial *634 court erred in the amount of child support and alimony awarded.

DISCUSSION

Defendant-appellant, Francis Gerald Widman, by his first assignment of error, contends that the trial court erred in including health insurance premiums of $255.00 per month, for his personal health insurance, in determining his monthly gross income. Mr. Widman is a salaried employee of MEI and neither party disputes that MEI, as Mr. Widman's employer, pays for health insurance for both Janet and Francis Widman and the three remaining minor children of the marriage. The trial court found, from the evidence, that $255.00 per month of this premium was attributable to Mr. Widman's health insurance and $287.00 was attributable to Mrs. Widman and the children. The trial court included the $255.00 for Mr. Widman's personal health insurance into his monthly income. Additionally, the trial court included $287.00 per month into the computation of the combined support obligation under Section 4(B) of the Child Support Obligation Worksheet.

We find that the trial court, in including health insurance premiums paid on behalf of Francis by his employer, into his monthly adjusted gross income, for the purpose of determining his child support obligation, is in error.

LSA-R.S. 9:315(4) defining "gross income," states as follows:

(4) "Gross income" means:
(a) The income from any source, including but not limited to salaries, wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits, worker's compensation benefits, unemployment insurance benefits, disability insurance benefits, and spousal support received from a preexisting spousal support obligation;
(b) Expense reimbursement or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business, if the reimbursements or payments are significant and reduce the parent's personal living expenses. Such payments include but are not limited to a company car, free housing, or reimbursed meals; and
(c) Gross receipts minus ordinary and necessary expenses required to produce income, for purposes of income from self-employment, rent, royalties, proprietorship of a business, or joint ownership or a partnership or closely held corporation. "Ordinary and necessary expenses" shall not include amounts allowable by the Internal Revenue Service for the accelerated component of depreciation expenses or investment tax credits or any other business expenses determined by the court to be inappropriate for determining gross income for purposes of calculating child support;
(d) As used herein "gross income" does not include child support received, or benefits received from public assistance programs, including aid to families with dependent children, supplemental security income, food stamps, and general assistance, or per diem allowances which are not subject to federal income taxation under the provisions of the Internal Revenue Code.

In LSA-R.S. 9:315(6)(a) "income" is defined as follows:

(6) "Income" means:
(a) Actual gross income of a party, if the party is employed to full capacity;

Under these definitions, we find that the trial court erred in including health insurance premiums paid by Francis' employer in his actual gross income for purposes of child support. We do note that, although gross income would include social security benefits, worker's compensation benefits, unemployment insurance benefits, and disability insurance benefits, gross income does not include premiums paid by the employer for said benefits, such as the employer portion of social security taxes, worker's compensation insurance premiums, unemployment insurance premiums, or any other benefits in the form of premiums paid on behalf of an employee by an employer.

*635 Likewise, we find the trial court erred in adding the $287.00 premium, paid by MEI for the benefit of Mrs. Widman and the three (3) minor children, into the worksheet for calculation of the total child support obligation set forth at LSA-R.S. 9:315.15.

LSA-R.S. 9:315.4 regarding health insurance premiums, states as follows:

The cost of health insurance premiums incurred on behalf of the child shall be added to the basic child support obligation.

The health insurance premiums which shall be added to the basic child support obligation are defined at LSA-R.S. 9:315(5):

(5) "Health insurance premiums" means the actual amount paid by a party for providing health insurance on behalf of the child. It does not include any amount paid by an employer or any amounts paid for coverage of any other persons. If more than one dependent is covered by health insurance which is paid through a lump-sum dependent-coverage premium, and not all of such dependents are the subject of the guidelines calculation, the cost of the coverage shall be prorated among the dependents covered before being applied to the guidelines.

See also Norred v. Norred, 591 So.2d 396 (La.App. 2d Cir.1991), writ denied, 592 So.2d 1319 (La.1992); Timmons v. Timmons, 605 So.2d 1162 (La.App. 2d Cir.), writ denied, 608 So.2d 195 (La.1992).

It is clear, from the above, that the health insurance premiums which shall be added to the basic child support obligation, on the statutory worksheet, do not include any amount paid by an employer or any amount paid for coverage of any other persons. In this case, the health insurance premiums are paid by Francis Widman's employer and should not be included in the calculation of the basic child support obligation.

By his second assignment of error, Francis Widman contends that the district court erred in the computation of his monthly gross income. The trial court estimated Mr. Widman's income as $45,000.00 per year.

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Bluebook (online)
619 So. 2d 632, 1993 WL 145353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/widman-v-widman-lactapp-1993.