DAVIS v. BLACKSTOCK, 2060017.
| Decision Date | 02 April 2010 |
| Docket Number | 2060017. |
| Citation | 47 So.3d 816 |
| Parties | Mark DAVIS v. Tonya BLACKSTOCK. |
| Court | Alabama Court of Civil Appeals |
OPINION TEXT STARTS HERE
Heath F. Trousdale, Florence, for appellant.
Melinda Morgan Austin of Holt, Mussleman, Holt & Morgan, Florence, for appellee.
After Remand from the Alabama Supreme Court
On June 29, 2007, this court reversed that part of a judgment entered by the Lauderdale Circuit Court (“the trial court”) modifying a prior judgment entered by a Tennessee court, which had awarded Mark Davis (“the father”) and Tonya Blackstock (“the mother”) joint custody of their minor child, by awarding the mother primary physical custody of the child. See Davis v. Blackstock, 47 So.3d 796(Ala.Civ.App.2007). Although the issue of child support was raised by the father on appeal, we noted in our prior opinion that our reversal of the judgment with regard to custody would necessarily impact the child-support award, and we remanded the cause for the trial court to reconsider its child-support award. 47 So.3d at 801.
This court's prior judgment has now been reversed by the Supreme Court of Alabama. Ex parte Blackstock, 47 So.3d 801 (Ala.2009). In compliance with the supreme court's opinion, the trial court's judgment relating to the modification of custody is affirmed. Therefore, we must now address the issue of child support.
The father argues that the trial court's child-support award to the mother of $469 per month was in error. The trial court attached a Form CS-42 Child-Support Guidelines statement, see Rule 32, Ala. R. Jud. Admin., to its September 1, 2006, judgment. Based on the parties' incomes, the trial court determined the basic child-support obligation to be $540. The trial court then added child-care costs of $364, resulting in a $904 total child-support obligation. The father's percentage share of the parties' income is 48.13%, and the mother's percentage share is 51.87%. Therefore, the mother's share of the $904 total child-support obligation is $469, and the father's share is $435. It appears that the trial court inadvertently ordered the father to pay the amount of child support that, according to its calculations, the mother would have been obligated to pay had the father been awarded primary physical custody of the child. Thus, we conclude that the trial court's award of child support is in error.
[3] We also note that, although the trial court ordered that “the child shall have medical insurance coverage from her mother's husband through his place of employment, if it is available,” the trial court failed to include the health-insurance costs in the total child-support obligation. When this action was filed, Rule 32(B)(7), Ala. R. Jud. Admin., provided, in part: 1
“(a) The actual cost of a premium to provide health insurance benefits for the children shall be added to the ‘basic child support obligation’ and shall be divided between the parents in proportion to their adjusted gross income in the percentages indicated on the Child Support Guidelines form (Form CS-42).
“(b) The amount to be added to the ‘basic child support obligation’ shall be the actual amount of the total insurance premium...
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Davis v. Self
...April 2, 2010, affirming Judge Suttle's trial court decision granting Ms. Blackstock primary physical custody. Davis v. Blackstock, 47 So.3d 816 (Ala.Civ.App.2010) (“ Davis III ”) 26 The intermediate appellate court then addressed the issue of child support, and reversed the Lauderdale Coun......
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Davis v. Blackstock
...and addressed the father's challenge of the child-support award set forth in the September 1, 2006, judgment. Davis v. Blackstock, 47 So.3d 816 (Ala.Civ.App.2010) ( “Davis II ”). This court agreed that the father's child-support obligation had been improperly calculated, noting that the tri......
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Davis v. Blackstock
...v. Blackstock, 47 So.3d 796 (Ala.Civ.App.2007) ( “Davis I ”); Ex parte Blackstock, 47 So.3d 801 (Ala.2009) ; Davis v. Blackstock, 47 So.3d 816 (Ala.Civ.App.2010) (“Davis II ”); Ex parte Davis, 82 So.3d 695 (Ala.Civ.App.2011) ; Davis v. Blackstock, 159 So.3d 708 (Ala.Civ.App.2013) (“Davis II......
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Davis v. Blackstock (Ex parte Davis)
...On remand from the supreme court, this court affirmed the Alabama trial court's modification of custody. Davis v. Blackstock, 47 So.3d 816 (Ala.Civ.App.2010) (“ Davis II ”). With regard to the child-support issue, however, we reversed the Alabama trial court's judgment and remanded the case......