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Tuft v. Tuft

Citations: 214 So. 3d 916; 2017 La. App. Unpub. LEXIS 7Docket: No. 51,293-CA

Court: Louisiana Court of Appeal; January 17, 2017; Louisiana; State Appellate Court

Narrative Opinion Summary

In this case, the appellate court reviewed the trial court's judgment regarding joint custody, child support, and interim spousal support following the divorce of Helen and Dr. Heber Tuft. Helen appealed the trial court's decision, contesting the extension of Dr. Tuft's unsupervised visitation, the child support amount, and the denial of her interim spousal support request. The court affirmed the joint custody arrangement, with Helen as the domiciliary parent, and set child support at $10,000 per month, considering the children's best interests given the parties' high income. The appeal regarding interim spousal support was denied, as Helen's financial needs were deemed manageable with the support provided. The court did not find Dr. Tuft in contempt for church attendance issues but reversed the decision not to appoint a parenting coordinator, citing the parties’ inability to cooperate effectively. The case was remanded to determine Dr. Tuft's arrears for child and interim spousal support. The court emphasized the trial court's broad discretion in custody matters, which would only be overturned for clear abuse, and highlighted the necessity of a parenting coordinator to resolve ongoing parental disputes.

Legal Issues Addressed

Appointment of Parenting Coordinator

Application: The court must appoint a parenting coordinator if good cause is shown, especially when there is a lack of cooperation between the parties in parenting matters.

Reasoning: The trial court failed to appoint a parenting coordinator, a decision viewed as an abuse of discretion, as such an appointment would serve the best interests of both the parties and the children.

Child Support Calculation Beyond Schedule Limits

Application: When the parties' combined income exceeds the child support schedule limits, the court sets support based on the child’s best interest and each parent's circumstances.

Reasoning: The trial court, having determined that the parties' income significantly surpassed the schedule limits, exercised discretion in setting support based on the children’s best interests.

Contempt of Court for Non-Compliance

Application: The trial court found no contempt in Dr. Tuft's actions as the order did not compel attendance at Helen's church every Sunday.

Reasoning: The trial court ruled that Dr. Tuft and the children were not mandated to attend her church weekly and found no contempt in his actions.

Discretion of Trial Court in Custody Matters

Application: The trial court’s discretion in awarding custody and visitation rights is broad, and its decisions are upheld unless there is a clear abuse of discretion.

Reasoning: The trial court's discretion is broad in custody and visitation matters, with appellate courts deferring to its findings unless there is a clear abuse of discretion.

Interim Spousal Support Considerations

Application: The trial court considers the spouse's needs, the other spouse's ability to pay, and the marriage's standard of living when determining interim spousal support.

Reasoning: According to La. C.C. art. 113, interim support is based on the spouse's needs, the other spouse's ability to pay, and the marriage's standard of living.

Joint Custody and Child Support Determinations

Application: The court affirmed joint custody arrangements and set child support obligations based on the children's best interests and the parties' financial circumstances.

Reasoning: The trial court granted Dr. Tuft unsupervised visitation every other weekend and established joint custody, with Helen as the domiciliary parent responsible for medical decisions.