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Carter v. Carter

Court of Appeal of Louisiana, Second Circuit

November 26, 2014

STEFANIE FANNING CARTER, Plaintiff-Appellee
v.
MATTHEW WADE CARTER, Defendant-Appellant

Appealed from the Twenty-Sixth Judicial District Court for the Parish of Bossier, Louisiana. Trial Court No. 101,714. Honorable Michael Nerren, Judge.

Before DREW, LOLLEY and PITMAN, JJ.

OPINION

Page 82

[49,517 La.App. 2 Cir. 1] DREW, J.

In this child support case, Matthew Wade Carter (" Carter" ), pro se, appeals a judgment of the trial court modifying a child support obligation.

Finding no abuse of discretion, we affirm.

FACTS

Carter and his former spouse, Stefanie Carter Kilcullen (" Kilcullen" ), are the parents of three children.[1] The parties divorced in 2000. Custody and child support have been frequently adjusted by the court. Kilcullen requested modifications of a May 1, 2012, judgment which provided:

o Kilcullen remained as domiciliary parent of the minor in Lubbock, Texas;

o Carter became domiciliary parent of Aaron in Bossier City, Louisiana;

o Each parent was allowed to claim one dependent yearly for taxes;

o Carter's support obligation was set at $330.00[2] per month;

o Carter was responsible for health and dental insurance premiums for the minor children; and

o Each parent was responsible for half of any medical or dental expenses not covered by insurance.

On May 10, 2013, Kilcullen[3] filed a rule to increase child support and to request other relief, alleging these material changes in circumstances:

o Shared or split custody arrangement no longer existed as Aaron had reached the age of majority, graduated

Page 83

from high school, and no longer lived in his father's residence;

[49,517 La.App. 2 Cir. 2] o Increased expenses were necessary for the minor, ...


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