Jayne Headrick VS James Headrick

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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2006 CA 0880 JAYNE HEADRICK VERSUS JAMES HEADRICK Judgment Rendered March 28 9 On 7 2007 Appeal Jiom the 22nd Judicial DistTict Court In and For the Parish of St Tammany State of Louisiana Trial Court No 93 12939 Section F Honorable Mmiin E Harry P Pastuszek J1 Patrice W Oppenheim Virginia Erwin Sirera Coady Judge Presiding Counsel for Plaintiff Appellee Jayne Powers Mandeville LA Anthony L Glorioso Metairie LA Counsel for Defendant Appellant J ames Headrick BEFORE PETTIGREW DOWNING AND HUGHES JJ HUGHES J This is appeal from an suppOli payable under majority while judgment for consent a full time a judgment denying a child above the age of a For the college student reduction in child a that follow reasons we affirm FACTS AND PROCEDURAL HISTORY James Headrick Jayne and born of the and Jacob 1988 filed a Joshua marriage on to petition domiciliary parent Mr to Thereafter reduction of his 18 and that the suppOli ambiguous After parties s Januaty 7 child At some and a child suppOli the 2004 was consent Powers named the in judgment Powers in the to Ms graduate from college contribute to judgment consent Mr earnings that in the consent until the children Headrick filed obligation suppOli provision one asseliing rule for the a change in child had attained the age of judgment requiring from graduate a college his payment of was vague and and should be deleted a hearing on the matter the trial comi rendered Headrick to pay 1 Jayne now 11 February educational needs the children on entered into until the children in agreed circumstances in the patiies child parties to pay agreed fmiher propOliionately on were of the children 1 500 00 per month Headrick Three children 1984 Jill divorce James Headrick in 1993 which James Headrick of 8 Jayne Headrick 1990 In December of 1996 the amount married in 1980 September on 5 July were monthly point following children to Illinois she the child parties now uses and judgment support divorce the name considering Jayne Jayne on stipulations of July 26 2004 ordering for each child individually the Mr as Headrick remanied and moved with the Powers 2 the follows Jacob 935 00 Jill total of 1 675 00 It payments for Joshua was including August of 2004 but for the months of were to recommence and continue thereafter month to month for as a full time student in has reached the age of 70 of the children children was to s an even though not to extend extend past five years to pay of the these expenses past June of 2010 for Joshua and or not 1st of the year Jill and commencing September graduate from high school he also ordered to pay was obligation the costs undergraduate college s 2004 he remains enrolled as program Mr Headrick majority 1 September uninsured medical and dental expenses and 70 limited in duration Jacob undergraduate college monthly a January through and on long so for monthly child support further ordered that the abated were 325 00 415 00 and Joshua or whenever the children obtain their respective undergraduate degrees whichever OCCUlTed first to reduce mother for s that of 2005 Februmy student child support asseliing Another rule pmi of 2004 some home where he had Headrick by was not full time a he moved and that thereafter resided while previously Mr Headrick in from his attending a local a Mr Headrick contended that these circumstances warranted dormitory a reduction in his child Following against filed he lived in was a entitled major an out of town university where suppOli obligation for Joshua hearing to a on June 22 credit in the 2005 the trial amount of court 1 137 50 ruled that Mr to be applied support obligations for child suppOli he paid for the future child benefit of the attend to community college Headrick Joshua was child Joshua when Joshua required by the Headrick s request judgment for Joshua applicable consent judgment to reduce child suppOli on account of Joshua 3 s was not a full time student as The trial cOUli denied Mr payable under the consent subsequent full time enrollment III out an school of university town ened in Jayne during the attendant campus residence term appealed this judgment and Mr Hedrick has major and to reduce denying his request Joshua Headrick is son not or living asserts that the trial court terminate child supp01i while his and residing with the respondent Powers LAW AND ANALYSIS An award for supp01i shall pmiy seeking the reduction circumstances of and of the one not be reduced increase shows or A material circumstances the child consent judgment is amount A pmiy burden of proving 3044 p 2 n a judicial admission La 7 99 739 So 2d 762 764 The standard of review in Generally there is an an appellate court ex reI D F 687 690 App 1 Cir 2 23 04 v or L T See also Romanowsld In the instant amount consent not disturb manifest n in change a in stipulated v a to a that bears the Stogner 98 2 case is manifest error child support order unless State enor 2005 1965 p 6 of Department La 7 6 06 Romanowsld v a judgment Stogner child support a will abuse of discretion Social Services a modification is in order a as recipient is entitled that the seeking modification of that LSA R S 9 311 Comment LSA R S child support a previous award great consequences for the needs of ability to pay of either pmiy It is well established that 2 or change in of the award in circumstances is defined change having real importance the or material a between the time of the parties the time of the motion for modification 9 311 A increased unless the or 2003 0124 934 So 2d p 8 La 873 So 2d 656 662 case the trial court set follows 4 f01ih its reasons for judgment as J ames Headrick has requested a credit his child on obligation for the months of September through December 2004 alleging Joshua Headrick was not a full time student during those months In suppOli of this position he a introduced as evidence Headrick 1 grade report which suppOli of credit and that a four hour 2 Headrick a withdrawn ten hours reflected Joshua earned was course history Registration Change of Schedule Form reflecting that Joshua dropped a four hour history course on September 14 2004 and Headrick 3 page 54 of the Richland Community College catalog which shows an academic load of 12 to 17 hours is considered normal for a full time student and that pmi time students are those enrolled in less than the normal full load The Court has examined the evidence and testimony presented on this issue and finds that Joshua Headrick was a pmi time student Community Richland at from College September 14 2004 through December 2004 Therefore based on the language in the consent judgment of July 26 2004 J ames Headrick is entitled to credit totals credit for child through December 14 2004 September a suppOli from 2004 which amount of 1 137 50 J ames Headrick also seeks in his Rule for Reduction a reduction in child suppOli from January 2005 since Joshua lived in a dormitory and not at home Again a strict reading of the consent judgment shows that J ames Headrick voluntarily child support of 325 00 per month as long as Joshua remains a full time student There are no restrictions in agreed this to pay reement af oblifation The varties reached this enforceable voluntarilv Therefore the Comi finds based on the be to reement af of July 26 circumstances presented do language for the that Joshua must be livinf at home the 2004 judgment consent not wanant a the reduction in child suppOli As to the request for a credit to James Headrick for a refund received by Joshua of 222 00 a credit for scholarship funds received the expense by Joshua and whether Powers has to address these issues at this time A consent the pmiies and so objected 1099 v judgment is a accepted by Gray provide monies a college expanding the pleadings on these issues Emphasis added Gray 37 884 In the to the Comi will not rule bilateral the case 3 p a La contract App not from 2 Cir fOlTI1er spouse necessary for the college 5 that is It has comi voluntary acquiescence of the pmiies Gray computer is does not raise these issues Rule for Reduction Jayne Headrick a voluntarily signed by force from binding the 12 agreed in comi 03 a s the adjudication 862 So 2d 1097 consent judgment to education of the minor children of the marriage to be same an enforceable obligation contractually the children have reached the age of majority educational endeavors 1098 not In Gray the appellate be relieved of a vice of found to be bound his children even v Gray comi to the completion of their 37 884 at pp concluded that a though 1 2 862 So 2d at former spouse should obligation that he freely and voluntarily entered into an absent evidence of was Gray prior even after by his they and absent such consent agreement to fund the reached the age of showing the spouse college educations majority Gray v Gray 37 884 at p 4 862 So 2d at 1099 In the instant case the consent judgment at issue reads as follows Upon consideration of the law and the stipulation of pmiies which the Comi adopts as its judgment accordingly the ADJUDGED AND DECREED that the child support payable by James Headrick per month to Jayne Powers shall be as follows effective January 7 2004 1 IT IS ORDERED a Jacob 935 00 b Jill 415 00 c Joshua 325 00 1 675 00 2 IT IS FURTHER ORDERED ADJUDGED AND DECREED that the payment of the above for Joshua shall be abated for the months of January through and including August 2004 the payment by James Headrick to Jayne Powers for the benefit of Joshua shall commence on September 1 2004 and continue thereafter month to month for so long as he remains enrolled program 3 IT as a even IS full time though undergraduate college reached the age of majority student in he has an FURTHER ORDERED ADJUDGED AND DECREED that James Headrick shall pay to Jayne Powers 70 of all medical and dental expenses uncovered by medical and receipt of medical and dental care or services by the parties children even though they will have reached the age of majority dental insurance related to the 4 IT IS FURTHER ORDERED ADJUDGED AND of the costs for DECREED that James Headrick shall pay 70 the undergraduate college costs for the parties children even though they will have reached the age of majority 30 powers will be responsible for the remaining 6 Jayne of 5 IT IS FURTHER DECREED that the medical support college costs ORDERED obligation of and pursuant in full force and effect as Joshua for AND James Headlick to pay child undergraduate foregoing paragraphs shall remain dental to the ADJUDGED and expenses follows period of approximately six years from September 2004 through and including June 2010 or his obtaining an undergraduate degree whichever a first occurs b a Jill and for Jacob a of period five years commencing on September 1 of the year each of them graduat es from high school or their respective obtaining st of 6 an IT undergraduate degree whichever IS FURTHER DECREED that ORDERED the abatement above has resulted in a occurs first ADJUDGED for in provided AND paragraph credit due James Headrick for child support payments made by him during the abatement period order satisfy that credit James Headrick shall the following amounts set forth below to Powers 2 July 2004 August 2004 September 2004 October 2004 1 050 00 e Jayne 1 675 00 d pay In November 2004 a b c 1 375 00 1 050 00 1 675 00 and thereafter ADJUDGED AND DECREED that should any of the parties children withdraw from an undergraduate college program once enrolled or fail 7 IT IS FURTHER ORDERED during the time period provided for in paragraph 5 above the obligation of James Headrick to pay child suppOli as provided for herein shall abate pursuant to LSA R S 9 315 22 to as 8 enroll amended IT or revised IS FURTHER enrollment in govelned by 9 IT an the IS cease upon the undergraduate he is 70 10 IT enrollment or re program and thereafter be s FURTHER ORDERED reserves ADJUDGED the right AND to retmn to challenge the reasonableness of the expenses for which responsible as set forth in paragraphs 3 and 4 above IS DECREED that on child provisions of this judgment DECREED that James Headrick Comi to AND provided for in the foregoing DECREED that the abatement paragraph shall ADJUDGED ORDERED ORDERED ADJUDGED AND Powers shall maintain medical insurance FURTHER Jayne the patiies children through her place of employment 7 IT 11 IS FURTHER DECREED that this COUli ORDERED otherwise remain in shall full force and specifically modified revised pay 70 in paragraph 1 of Joshua is a as obligation the judgment set out in expenses of suppOli for separate obligation from his agreement undergraduate college s except 325 00 per month in child Mr Headrick to pay Ms Powers set out effect 1996 amended herein or under the tenns of this consent Clearly Joshua of December 17 Judgment s AND ADJUDGED to paragraph 4 Powers testified at the trial of this matter that she maintains Jayne Joshua s room her home where he and school breaks holidays Powers at although returns for weekend visits Joshua continues Thus he may also reside in his automobile insurance s Therefore the separate payInent of expenses support which assists Ms Powers in the maintenance of when he is not in school and in the payment of percentage of Joshua to though dormitory is encompassed a alleged to inability an been reserved to Mr or other enol to reduce s request Headrick s residence in the obligations proPOliionallY child even expenses Further obligations an option a in the or judgment of case we can terminate child support on college dormitory while school consent to the children s educational expenses 8 find the trial cOUli that has no abuse denying Mr account of Joshua is in session judgment stipulated to by Mr Headrick support until the children graduate from college and Oliginal1996 to pay in Mr Headrick has not expenses is thorough review of this a Headrick Similarly college these justifiable Headrick Therefore after of discretion meet financially home for Joshua college s in those expenses the reasonableness of the challenging 2 a a needs is meeting his personal addition reside with Ms college donnitory while in school Ms Powers also testified that she pays for Joshua clothing and other personal to birthdays included also to separate contIibute CONCLUSION For the affirmed reasons assigned herein the judgment of All costs of this proceeding are AFFIRMED 9 to be borne the trial comi is by James Headrick

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