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Hedlesky v. Hedlesky

Court of Appeals of Louisiana, Third Circuit

June 3, 2015

MARILYN WILLIAMS HEDLESKY
v.
STEVEN HEDLESKY

APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT, PARISH OF CALCASIEU, NO. 2009-4392, DIVISION " C" . HONORABLE GUY E. BRADBERRY, DISTRICT JUDGE.

Oliver " Jackson" Schrumpf, Law Office of Oliver " Jackson" Schrumpf and Charles Schrumpf, (A PLC), Sulphur, Louisiana, COUNSEL FOR PLAINTIFF/APPELLANT: Marilyn Williams Hedlesky.

B. Thomas Shea, Walter M. Sanchez, The Sanchez Law Firm, L.L.C., Lake Charles, Louisiana, COUNSEL FOR DEFENDANT/APPELLEE: Steven Hedlesky.

Court composed of Sylvia R. Cooks, Marc T. Amy, and James T. Genovese, Judges.

OPINION

Page 1222

[15-117 La.App. 3 Cir. 1] James T. Genovese, Judge.

In this domestic proceeding, Plaintiff, Marilyn Williams Hedlesky (Ms. Williams), appeals the trial court's judgment dismissing her Rule for Contempt against her former spouse, Defendant, Steven Hedlesky (Dr. Hedlesky) for non-payment of child support. For the reasons that follow, we reverse and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

Ms. Williams and Dr. Hedlesky were married on January 15, 1998. Subsequent to their marriage, Dr. Hedlesky adopted two of Ms. Williams's children from a prior marriage, neither of which are the subject of this contempt proceeding. Thereafter, only one child was born of their marriage, Emily Hedlesky, who is presently sixteen years of age. Ms. Williams and Dr. Hedlesky divorced, and Dr. Hedlesky's child support obligation for Emily was fixed at $3,761.00 per month, beginning September 25, 2010. This child support obligation was the subject of an Income Assignment Order of February 13, 2014.

After litigation over the division of their community property, a partition judgment was rendered on December 3, 2013. A by-product of that community property judgment was judgment in favor of Dr. Hedlesky against Ms. Williams for $263,485.10.

The facts in this case are not in dispute. Beginning March 27, 2014, Dr. Hedlesky began reducing his child support payments on the grounds that he was entitled to offset his child support obligation to Emily with the amount owed to him by Ms. Williams pursuant to the partition judgment. Dr. Hedlesky paid $1,000.00 in child support for March and April 2014. For May 2014, Dr. Hedlesky paid the full child support obligation of $3,761.00, due to Ms. Williams's then [15-117 La.App. 3 Cir. 2] pending bankruptcy proceedings. Dr. Hedlesky made no further child support payments thereafter. On July 15, 2014, Ms. Williams filed a Rule for Contempt due to Dr. Hedlesky's failure to pay child support for Emily.

Ms. Williams's Rule for Contempt was considered by the hearing officer on September 16, 2014. For reasons provided on September 29, 2014, the hearing officer denied Ms. Williams's Rule for Contempt. Ms. Williams's appealed the hearing officer's decision. Following a hearing on October 30, 2014, the trial court made the

Page 1223

recommendation of the hearing officer the judgment of the court on November 5, 2014. From said judgment, Ms. Williams appeals.

ASSIGNMENTS OF ERROR

Ms. Williams presents the following assignments of ...


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