77 So. 3d 148
Ala. Civ. App.2011Background
- Married in February 2001; separated in September 2008; one son born March 2000.
- Wife filed for divorce in October 2008 seeking irreconcilable differences and other relief, including college education for son.
- Husband opposed an absolute divorce and counterclaimed for division of marital property and debts.
- Trial court issued May 2009 legal-separation decree; joint legal custody, wife granted primary physical custody; husband obligated for child support and certain marital obligations.
- May 2010: husband sought absolute divorce; wife testified to employment and health coverage; husband claimed loss of job and ongoing COBRA costs.
- June 2010: trial court modified some terms of the legal separation; husband appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred by denying absolute divorce | Lockridge argues no basis remained for separation. | Lockridge contends discretion favored dissolution given changed circumstances. | Reversed; Divorce must be entered |
| Whether asset/debt division in June 2010 was inequitable | Lockridge asserts improper division under ongoing separation. | Lockridge argues discretion to adjust terms on remand. | Remand for final divorce; asset division reconsidered |
| Whether child-support modification was warranted | Lockridge claims changed circumstances justify modification. | Lockridge argues no clear substantial and continuing change proven. | Remanded for calculation under Rule 32 |
| Whether requiring $10,000 from 401(k) for son's education was proper | Lockridge contends postminority educational support premature. | Lockridge contends trust for education appropriate to support. | Reversed; vacate that portion; no postminority education award now |
| Whether failure to set a specific visitation schedule was reversible | Lockridge seeks defined schedule independent of wife's discretion. | Lockridge argues standard/unspecified visitation may be acceptable. | Reversed; remand to set a specific schedule |
Key Cases Cited
- D.L.J. v. B.R.J., 887 So.2d 242 (Ala. Civ. App. 2003) (courts may modify judgments of legal separation under § 30-2-40)
- Romano v. Romano, 703 So.2d 374 (Ala. Civ. App. 1997) (standard for appellate review of discretionary rulings)
- Butts v. Butts, 600 So.2d 1038 (Ala. Civ. App. 1992) (postminority educational support premature without facts)
- Martin v. Martin, 624 So.2d 192 (Ala. Civ. App. 1993) (prematurity of postminority educational expenses without evidence)
- Pratt v. Pratt, 56 So.3d 638 (Ala. Civ. App. 2010) (need for a specific visitation schedule when no agreement exists)
- Ex parte Bayliss, 550 So.2d 986 (Ala. 1989) (postminority educational support considerations in context)
- Jordan v. Jordan, 688 So.2d 839 (Ala. Civ. App. 1997) (life-insurance related support considerations)