Langley v. Langley
Louisiana Court of Appeal
747 So. 2d 183 (1999)
- Written by Serena Lipski, JD
Facts
Dr. John M. Langley and Patricia M. Langley were divorced. The Langleys had five children together, and as part of their divorce, John paid Patricia $4,500 per month in alimony for 48 months, ending a few months after their youngest child would be school aged, and $5,000 per month in child support. As the end of her alimony period approached, Patricia filed a motion to modify the child-support order, alleging that the end of her alimony payments as well as the children’s increasing expenses constituted a change in circumstances requiring an increase in child support to $12,210 per month. John argued that the child-support payments should be reduced because now that their youngest child would soon be school aged, Patricia, who had a law degree and was a registered nurse, could find employment and contribute to the children’s expenses. Patricia responded that she had five children to care for and planned to homeschool, so she could not find employment. Patricia argued that John was voluntarily underemployed, having worked considerably more during their marriage. John, following the divorce, worked 14 twelve-hour shifts per month as an emergency-room physician, with some additional time for paperwork, and earned between $20,000 and $25,000 per month. John explained that because emergency-room shifts involved high stress and were physically and mentally demanding, the hospital discouraged emergency-room physicians from working more than 13 shifts per month. His 14 twelve-hour shifts were the equivalent of 42 hours per week. Finally, Patricia argued that the entire monthly payment of $9,500 was really child support and not alimony because it all went to the household expenses and children. John argued that because his income had not increased, the trial court could not increase the child-support order. The trial court found that Patricia could obtain some employment, emphasizing her education and training, but agreed that the termination of alimony constituted a changed circumstance, and increased the child-support order to $7,500 per month. Both parties appealed.
Rule of Law
Issue
Holding and Reasoning (Armstrong, J.)
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