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Landry v. Lewis10/12/2005
Submitted September 9, 2005
AFFIRMED IN PART, REVERSED IN PART, AND MODIFIED IN PART
This is an appeal from a post-divorce action in which the trial court denied Husband's request to reduce his child support obligation, to require Wife to maintain health insurance for the two minor children, and to award him costs and attorney's fees, based on a substantial change in his financial condition. We affirm in part, reverse in part, and modify in part.
FACTS
Donna E. Lewis (Wife) and Michael E. Landry, Sr. (Husband) were married on July 18, 1994. On June 26, 2001, the trial court granted Wife a divorce on the grounds of "habitual drunkenness caused by the use of illicit drugs." In addition, the trial court adopted the parties' separation and property settlement agreement, which, among other things, granted custody of the couple's two children to Wife and provided Husband would pay $1,300 per month in child support to Wife, based on his imputed income of $80,000. In February 2003, Husband requested a reduction in child support, maintenance of health insurance for the parties' children by Wife, and award of attorney's fees and costs to Husband, based upon the loss of his business "due to serious and significant financial difficulties." In an amended complaint, Husband also requested "specific rights of visitation with his minor children."
The trial court's temporary order, issued in December 2003, temporarily denied Husband's request for a reduction in child support. However, the trial court ordered Husband to "pay the sum of $1,000 per month of his child support obligation with the remaining amount of $300 per month to accrue."
At the final hearing, Husband claimed his construction business closed as a result of losing Wife's contributions to the operation of the business upon the parties' divorce, his extended gall-bladder illness, and his on-going cocaine addition. Husband further presented evidence that since he closed his business in 2002, he has not made more that $910 per week, averaging a gross monthly income of $3,943. Husband also received workers' compensation from a recent work-related injury, but expected to be back to work in ten to twelve weeks from the date of the hearing.
The trial court found Husband's "business, closed as a result of the loss of the partnership responsibilities he shared with [Wife] who worked with him during the marriage, and the fact that [Wife] had contributed to the business prior to the parties' separation." The trial court also attributed blame to Husband's drug abuse and gall-bladder disease, which occurred approximately 18 months prior to the parties' separation. Nevertheless, the trial court concluded Husband did not show a substantial change of circumstances justifying a reduction in his ongoing child support on a permanent basis because " hanges in financial status as a result of the property division from the divorce are generally in the contemplation of the parties at the time of the divorce and do not qualify as a substantial change." The trial court ordered reinstatement of the original child support order on November 1, 2004, less than five months from the hearing date (giving Husband sufficient time to recuperate physically), and required Husband to pay "an additional twenty (20%) percent of the on-going child support towards the accumulated child support arrearage." It also ordered Husband to provide health insurance for the minor children and pay half of Wife's attorney's fees, which amounted to $1,930. This appeal followed.
STANDARD OF REVIEW
In appeals from the family court, this court has authority to find the facts in accordance with ou
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