Robeaux v. Robeaux
129 So. 3d 659
La. Ct. App.2013Background
- Lance and Trechel Robeaux were married in 1994, separated with the community regime terminated April 29, 2005, and divorced in 2006; two children were born of the marriage.
- The parties filed descriptive lists (2007; amended 2012) and litigated a community property partition and a motion by Lance to reduce/suspend child support.
- Trial court (Nov. 9, 2012) ordered Lance to make an equalizing community partition payment of $19,654.27 (plus attorney fees) and denied his request to reduce/suspend child support.
- Lance appealed, arguing errors in allocation of his military retirement and multiple reimbursement credits (insurance proceeds, debts, boat loan, consolidated credit card payments), and asserting involuntary unemployment and that Trechel secreted a child affecting support.
- On appeal the court amended the retirement award to limit Trechel’s share to the portion earned during the marriage (Sims formula), found Lance entitled to half of the remaining Katrina insurance proceeds ($12,167.21), reduced the equalizing payment, and reversed/remanded the child support denial for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Division of military retirement | Lance: only community portion (accrued during marriage) is divisible under Sims | Trechel: trial court intended to divide only retirement earned during marriage; judgment ambiguous | Court amended judgment to award Trechel one-half of retirement earned during marriage per Sims formula |
| Katrina insurance proceeds (unused remainder) | Lance: entitled to half of $24,334.42 remaining after repairs | Trechel: claim prescribed / not subject to reimbursement | Trial court abused discretion in finding prescription; appellate court awarded Lance $12,167.21 reimbursement |
| Reimbursement for post-community debt payments (consolidated credit, boat loan, other debts) | Lance: paid community debts while deployed and via consolidation; seeks credits | Trechel: insufficient evidence payments were made with Lance’s separate funds; some debts undisputed and allocated | Appellate court affirmed trial court re: lack of proof for most credits (denied except for undisputed items); no reimbursement for amounts not clearly established in record |
| Modification/suspension of child support (underemployment; secreted child) | Lance: involuntary loss of active duty employment and underemployment justify reduction/suspension; also alleges Trechel secreted son | Trechel: Lance was voluntarily unemployed/should have anticipated termination; no evidence child was intentionally secreted | Court found trial court erred in concluding voluntary unemployment; reversed denial of modification and remanded for recalculation. Court affirmed no secreted-child finding (visitation refusals by child, not concealment) |
Key Cases Cited
- Sims v. Sims, 358 So.2d 919 (La. 1978) (formula for dividing military retirement earned during marriage)
- Gallaty v. Gallaty, 101 So.3d 501 (La. App. 4th Cir. 2012) (trial court discretion in partition; appellate review limited absent manifest error)
- Roge v. Roge, 604 So.2d 721 (La. App. 2d Cir. 1992) (article 2369 accounting prescription not applicable where partition action filed)
- Rosell v. ESCO, 549 So.2d 840 (La. 1989) (standard that appellate court will not disturb factual findings absent manifest error)
- Katner v. Katner, 28 So.3d 566 (La. App. 4th Cir. 2009) (uncontroverted testimony should be accepted as true)
- State through Dept. of Social Services v. Seals, 701 So.2d 746 (La. App. 4th Cir. 1997) (burden to prove change in circumstances for support modification)
- Rosenbloom v. Rosenbloom, 654 So.2d 877 (La. App. 4th Cir. 1995) (trial court discretion in child support modification)
- Hansel v. Hansel, 802 So.2d 875 (La. App. 4th Cir. 2001) (voluntary underemployment is a good-faith inquiry; factual question for trial court)