Ficarra v. Ficarra
88 So. 3d 548
La. Ct. App.2012Background
- Ficarra and Westbrook married in 1991; one child born 1991; separated 1994; divorce 1995; Westbrook awarded sole custody; Ficarra ordered $550/month child support.
- 2001 Westbrook moved to increase child support citing child's serious health issues and private school enrollment.
- 2004 Ficarra moved to reduce child support due to his heart attack and disability; proceedings included school and disability evidence.
- Hearing officer recommended increase from 2001–2004 totaling $16,670; trial court held hearing in 2010.
- Trial court increased child support, denied decrease, and ordered $15,719.50 due for 2001–2004 plus interest; income and expenses found credible.
- Westbrook answered appeal seeking different interest calculation; court affirmed the judgment in full.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court properly increased support | Ficarra argues no valid basis for increase | Westbrook supports increase based on child’s health and costs | No abuse; increase warranted |
| Whether camp/child care and private school expenses are proper extraordinary expenses | Ficarra contends expenses were misclassified | Westbrook contends expenses are extraordinary and add to basic support | Court properly treated camp and private school costs as extraordinary expenses |
| Whether expense-sharing effects should be considered in gross income | Ficarra argues benefits of living with others should be considered | Westbrook argues discretion to consider such benefits exists | Trial court had discretion; no abuse found |
| Whether interest on the increased amount should run from due date or judgment date | Ficarra challenges interest timing | Westbrook seeks interest on increased amount from due date | Interest awarded from judgment date; no error in calculation |
Key Cases Cited
- Mart v. Hill, 505 So.2d 1120 (La.1987) (credibility and manifest error standard for factual findings in child support)
- Stobart v. State, DOTD, 617 So.2d 880 (La.1993) (great deference to trial court findings of fact)
- Carmouche v. Carmouche, 869 So.2d 224 (La.App. 5 Cir. 2/23/04) (appellate review for child support determinations)
- Kern v. Kern, 786 So.2d 193 (La.App. 4 Cir. 4/25/01) (abuse of discretion standard in private school/camp cost rulings)
- Aupied v. Aupied, 38 So.3d 899 (La.App. 5 Cir. 3/9/10) (expense-sharing considerations permissible in income for support)
- Lesky (State Dep’t of Social Serv. ex rel. K.L. v. Lesky), 975 So.2d 657 (La.App. 5 Cir. 2007) (statutory guidance on expense sharing in support calculations)