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Curet v. Curet6/26/2002
AFFIRMED AND AMENDED.
This is a child support proceeding in which the mother, domiciliary custodial parent, appeals a judgment granting the father's motion to reduce child support. We affirm and amend.
Juan Curet and Sharon Ricks (formerly Sharon Ricks Curet) are parents of a girl born on November 16, 1994. Curet filed a petition for divorce on August 27, 1999, in which he sought joint legal and physical custody of the child. On April 17, 2000, Ricks filed a reconventional demand in which she requested child support.
On May 25, 2000, the parties entered into a consent judgment that granted joint custody, with Ricks designated as domiciliary parent. It established a visitation schedule and ordered Curet to pay Ricks $205.00 per month in child support, plus 50% of medical insurance, 50% of extraordinary medical and dental expenses, 50% of before- and after-care, and 50% of summer camp.
Curet was granted a judgment of divorce on June 28, 2001. On the same date, the parties entered into a consent judgment, under which the terms of the prior consent judgment on custody remained in force.
On August 15, 2001, the domestic commissioner of the 24th Judicial District Court rendered an interim order regarding child support, pending an evidentiary hearing before the district court. The commissioner stated that he was implementing the recommendation of the hearing officer. The commissioner required Ricks to maintain health insurance and pay private school tuition. He assessed Curet child support in the amount of $605.00 per month, retroactive to April 17, 2000 (the date Ricks filed her reconventional demand requesting child support), plus 56% of extraordinary medical and work-related daycare and summer camp expenses. The commissioner gave Curet credit for any payments made and ordered him to pay $100.00 per month on all arrearages due for child support and related expenses.
The commissioner noted that this was an interim order without prejudice and, in the event the district judge determined that the amount was inappropriate, that any amount fixed after an evidentiary hearing would be retroactive to April 17, 2000.
On August 15, 2001, the date the commissioner made his ruling in open court, Curet filed a motion to transfer the proceedings to the district judge and entered a written objection to the commissioner's order.
On August 29, 2001, Curet filed a motion to reduce child support, alleging that he had been laid off his job on July 27, 2001.
The matter came before the district judge on October 12, 2001. Curet contended that in calculating his monthly gross income, the commissioner incorrectly relied upon his income before he became unemployed. Ricks argued that Curet was at fault in losing his position and that the child support should not be reduced.
The evidence at the hearing showed that Curet, who retired from the New Orleans Police Department ("NOPD") in 1996, receives a monthly distribution from his police pension. Curet's annual gross pension distribution for each of the years 1999, 2000, and 2001 was $14,092.80; therefore, his monthly distribution was one-twelfth of that amount ($1,174.40).
Curet worked for Harrah's Casino from October 1999 until July 27, 2001, when he was terminated. Two weeks prior to his termination, 148 people had been laid off. Curet's Motion to Reduce stated that he lost his job at Harrah's as part of the 148-person layoff. At trial, however, he stated that he was not laid off, but was fired.
He stated he filed a complaint with the Equal Employment Opportunity Commission ("EEOC") on August 15, 2001, alleging age and race disc
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