Posey v. Posey
Posey v. Posey
Opinion
This is a divorce modification case.
In February 1989, pursuant to a settlement agreement between William Carl Posey, Jr. (father) and Rebecca N. Posey (mother), the trial court entered a final judgment of divorce, which provided, inter alia, that the mother be awarded custody of the parties' two minor children, subject to the father's visitation, and that the father pay periodic alimony and child support. That judgment also provided for annual increases in the child support and alimony obligations through 1990. In August 1990, the trial court entered a modification order based upon an agreement of the parties, which, inter alia, reduced the father's obligations.
In June 1992, the father filed a second petition to modify the divorce judgment, alleging a material change in circumstances. The mother answered and filed a counter-petition for rule nisi, requesting that the father be held in contempt for failure to comply with the terms and conditions of the last judgment. She also requested an increase in periodic alimony. In April 1993, after ore tenus proceedings, the trial court found that the application of the child support guidelines would be inequitable and unjust, and it increased child support to $4,000 per month and alimony to $4,000 per month. The father appeals.
The father contends that the trial court abused its discretion in increasing the child support and periodic alimony awards.
At the outset, we are mindful that a trial court's judgment regarding matters of child support and alimony, following the presentation of ore tenus evidence, is presumed correct and will not be reversed on appeal absent abuse, unless the judgment is unsupported by the evidence or is plainly and palpably wrong. Stewart v. Kelly,
In the case sub judice, both the child support and alimony obligations were originally determined, and later modified, by agreement of the parties. Although the most recent modification was a judicial determination following ore tenus proceedings, we find no evidence in the record to indicate that the children's needs or expenses have increased since the last child support determination. The only evidence presented concerns the financial conditions of the parties. Evidence of a father's greater salary, without consideration of the children's needs, is insufficient to support an increase in the child support obligation. Cox v. Cox,
The father also argues that the trial court abused its discretion in its modification of alimony. Periodic alimony may be modified at any time a change in the financial circumstances of either party is proven. Boudreaux v. Boudreaux,
The record reveals fluctuations in the father's income that mirror the parties' agreements regarding both child support and alimony. The mother asserts that she had agreed to alimony and child support installments consistent with the father's salary fluctuations. The trial court had ample evidence regarding the financial conditions of the parties. The record contains evidence regarding the expenses of the mother as the custodial parent of the parties' children. Although the amount of alimony ordered in this modification seems substantial, the record discloses that the father's income is sufficient to sustain that amount. The father has failed to provide any evidence to overcome the presumption of correctness afforded to the trial court's judgment. After thoroughly reviewing the record, we cannot say that the trial court abused its discretion, nor that the increase in alimony is unsupported by the evidence. We find no error in the trial court's judgment regarding the alimony award.
The mother's request for an attorney fee on appeal is denied.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED WITH INSTRUCTIONS.
ROBERTSON, P.J., and YATES, J., concur.
Reference
- Full Case Name
- William Charles Posey, Jr. v. Rebecca N. Posey.
- Cited By
- 30 cases
- Status
- Published