110 So. 3d 172
La. Ct. App.2012Background
- Hagen divorce with five children, domicile Terrebonne Parish; children ages approx. 16,15,13,16 months; Dr. Hagen physician; Hagen was primary domiciliary parent initially.
- Consent judgments: joint custody of David, Andrew, Ben, Eli; Hagen primary domiciliary; Dr. Hagen to pay $6,000 monthly for child and spousal support with a tax apportionment; final divorce judgment in 2006.
- 2009 consent judgment waived spousal support and eliminated the $6,000 payment, with $4,000 monthly child support pending recalculation; exchange of financial information for retroactive recalculation to February 1, 2009.
- 2010 hearing: court fixed Dr. Hagen’s child support for Ben, Eli, and Andrew at $3,200/month (retroactive to Feb 1, 2009); 93%/7% allocation of unreimbursed expenses unfavorable to Hagen was adopted.
- 2011 partial settlement limited issues to the period February 9, 2010 through August 31, 2011; Dr. Hagen to pay $3,000/month for two remaining minor children, maintaining 93%/7% expense split; appeal raised questions about deviation from guidelines under Louisiana Child Support Guidelines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| whether basic child support can be below the highest guideline amount | Hagen argues deviation is improper | Hagen argues 315.8(E) supports adjustment for custody time | affirmed; trial court’s deviation upheld per overall framework |
| whether the court complied with deviation-principle requirements | record lacked explicit mechanical-guideline calculation | court could rely on circumstances to deviate | affirmed despite noted omissions; remand declined |
| whether cost components (child care, health premiums, private school costs) should have been included in basic obligation | omission of costs incorrect | costs can be added to total; court used 93% expense allocation | affirmed; deficiencies acknowledged but not outcome-determinative |
Key Cases Cited
- Dejoie v. Guidry, 71 So.3d 1111 (La. App. 4th Cir. 2011) (lifestyle parity for children post-divorce)
- Bunch v. Town of St. Francisville, 446 So.2d 1357 (La. App. 1st Cir. 1984) (interpretation of statutory provisions; harmony with statute)
- Ransome v. Ransome, 822 So.2d 746 (La. App. 1st Cir. 2002) (statutory interpretation and guidelines context)