121 So. 3d 776
La. Ct. App.2013Background
- Marriage to Rutland in 2002; one child born in 2003; parties separated in 2010.
- Ms. Rutland filed for divorce in 2011 seeking custody, supervised visitation, and child support.
- Interim child support of $200/month was ordered in 2011 based on Mr. Rutland’s unemployment; a 90-day review was required.
- Divorce judgment rendered in 2012 deferred ancillary matters to August 2012 for custody and support evaluation.
- Mr. Rutland’s employment history included prior termination from the Sheriff’s Office and later employment with Dixie Packaging at reduced pay.
- Final judgment in 2012 set child support at $474.90/month based on income earning potential of $3,000/month, with factual adjustments discussed in post-judgment notes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether final child support retroactive to judicial demand was proper | Rutland argues Vaccari supports retroactivity due to misrepresentation | Rutland asserts no misrepresentation; good cause lacking | No retroactivity; Vaccari not satisfied given record |
| Whether income earning potential used for calculation was error | Rutland contends use of $3,000/month undervalues prior Sheriff’s Office income | Court properly valued earning potential based on voluntary underemployment | No error; $3,000/month reasonable earning potential |
| Whether underemployment was voluntary and properly considered | Rutland claims underemployment was not voluntary | Court found voluntary underemployment due to prior job termination | Court properly found voluntary underemployment |
Key Cases Cited
- Vaccari v. Vaccari, 50 So.3d 139 (La. 2010) (final award retroactive with good cause despite interim award)
- Saacks v. Saacks, 942 So.2d 1130 (La. App. 5th Cir. 2006) (defines income for child support calculations includes potential income)
- Dufresne v. Dufresne, 65 So.3d 749 (La. App. 5th Cir. 2011) (great weight given to child support awards; abuse of discretion standard)
- Anderson v. Anderson, 96 So.3d 1278 (La. App. 5th Cir. 2012) (voluntary underemployment involves assessment of good faith and earning potential)