Hermsmeier v. McCoy
| Decision Date | 09 October 1992 |
| Parties | Walter Henry HERMSMEIER v. Carol Ann McCOY. 2910437. |
| Court | Alabama Court of Civil Appeals |
Allen W. Howell of Shinbaum & Howell, Montgomery, for appellant.
J.R. Herring, Dothan, for appellee.
The father appeals from a judgment entered in restitution proceedings. In Hermsmeier v. McCoy, 591 So.2d 508 (Ala.Civ.App.1991), this court reversed the trial court's judgment, which granted the mother custody of the parties' daughter and an increase in child support for the parties' son. The father then filed a motion to tax costs and a motion for relief, seeking costs and restitution for the sums paid to the mother pursuant to the trial court's judgment.
The trial court granted the motion to tax costs and ordered the reimbursement of $900 in additional child support paid by the father under the reversed order. It found that "all other sums paid by the [father] to the [mother] were, in fact, used by the [mother] as child support and for the benefit of the parties' minor children and further [found] that ... restitution of such sums to the [father] would be unfair and inequitable." We affirm.
The father testified that he paid $600 per month in child support and $200 per month in retroactive child support from December 1990 through August 1991, at which time, pursuant to the order of this court, he resumed payment of $250 per month in child support for the son. He further testified that the daughter was married and no longer living at home and that she had lived with the mother pursuant to the trial court's order from April 1990 until her marriage in June 1991.
The mother testified that the daughter began living with her in April 1990 by agreement of the parties, the weekend prior to the trial court's pendente lite order granting her custody of the daughter. She further testified that she fully supported the daughter until her marriage in June 1991, providing a home, food, and clothing, and providing her with an automobile, money for a vacation, an allowance of $30 per week, dues and fees for school activities, conventions, teas, and functions, and fees for the daughter to attend Weight Watchers meetings. She stated that it would create a financial hardship to have to pay back the money to the father.
The father contends that he is entitled to the restitution of all amounts paid over $250 per month, for a total of $6,018.60, rather than the $1,868.60 in costs and child support awarded to him by the trial court.
The mother responds by saying that it would be inequitable and unjust to order full restitution to the father because the daughter resided with her and was fully supported by her from April 1990 to June 1991. She further states that both parents are obligated to provide for the support of their children and that the father...
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State ex rel. Shellhouse v. Bentley
...even by agreement." Ex parte University of South Alabama, 541 So.2d 535, 537 (Ala.1989) (citation omitted); see also Hermsmeier v. McCoy, 608 So.2d 1369 (Ala.Civ.App.1992). Although child support is paid to the custodial parent, it is for the sole benefit of the minor children. Frasemer v. ......
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State Dept. of Human Resources ex rel. Nathan v. Nathan
...to support from their parents until they reach the age of majority and that this right is one which cannot be waived. Hermsmeier v. McCoy, 608 So.2d 1369 (Ala.Civ.App.1992); Willis v. Levesque, 402 So.2d 1003 (Ala.Civ.App.1981). Even though child support is paid to the custodial parent, it ......