Ratliff v. Ratliff

• Decision Date: 29 August 2008
• Docket Number: 2061036.
• Citation: Ratliff v. Ratliff, 5 So.3d 570 (Ala. Civ. App. 2008)
• Parties: Elizabeth Wendnagel RATLIFF v. Robert Bryan RATLIFF, Sr. Robert Bryan Ratliff, Sr. v. Elizabeth Wendnagel Ratliff
• Court: Alabama Court of Civil Appeals

5 So.3d 570

Elizabeth Wendnagel RATLIFF v. Robert Bryan RATLIFF, Sr.

Robert Bryan Ratliff, Sr. v. Elizabeth Wendnagel Ratliff

2061036.

Court of Civil Appeals of Alabama.

August 29, 2008.

John Olszewski and Floyd Minor of Minor & Olszewski, L.L.C., Montgomery, for

appellant/cross-appellee Elizabeth Wendnagel Ratliff.

Stephen R. Arnold and Laura Gibson Chain of White Arnold & Dowd, Birmingham, for appellee/cross-appellant Robert Bryan Ratliff, Sr.

MOORE, Judge.

On April 6, 2006, Elizabeth Wendnagel Ratliff ("the wife"), filed a complaint for a divorce from Robert Bryan Ratliff, Sr. ("the husband"). The husband filed his answer and a counterclaim for a divorce on April 25, 2006. The wife filed her answer to the husband's counterclaim on May 10, 2006.

On March 30, 2007, the husband filed a motion in limine, requesting that the trial court prevent the wife from presenting expert testimony because, he said, the wife's attorney had only informed him that the wife had retained expert witnesses on March 22, 2007, and the trial was set for April 9, 2007. After a hearing, which was not transcribed, the trial court granted that motion.

A trial, at which ore tenus evidence was received, was conducted over the course of five days, and, on May 11, 2007, the trial court entered a judgment divorcing the parties. That judgment provided, in pertinent part:

"4. That the Court finds from all of the competent, material and relevant evidence that it is in the welfare and best interest of the minor children of the parties ... [that] the care, custody and control of the said minor children be and the same is hereby awarded as shared custody, with the primary residence being with the [husband].

"I. Shared parental responsibility (Joint Custody) for a minor child means that both parents retain full parental rights and responsibilities with respect to their children and requires both parents to confer so that major decisions affecting the welfare of the children will be determined jointly.

"II. Both [the wife] and [the husband] desire to be involved in the various activities of their minor children. These include academic, religious, civic, cultural, athletic, medical and dental activities of the minor child. [The wife] and [the husband] agree that they will consult with each other prior to initiating any such activity with the minor children. [The wife] and [the husband] agree to cooperate with one another in adjusting their schedules to assure that the children are delivered to ... and returned [sic] .... It is further agreed and understood that both parties will consult with one another regarding all such activities. It is further agreed and understood that [the wife] and [the husband] will notify one another as to any conferences, programs or events relating to such activities in such a way that both parties will have an opportunity to participate in such activities of the minor children.

"The exercise of this primary authority is in no way intended to negate the responsibility of the parties to notify and communicate with each other as set forth hereinabove.

"5. That the [wife] shall have the following visitation rights with the minor children of the parties:

"(a) The first and third full weekends of each month from 6:00 p.m. on Friday until 6:00 p.m. the following Sunday (The first weekend of a month beginning on the first Friday of each month.) "(b) Each Christmas Day from 3:00 p.m. until 3:00 p.m. on the following New Year's Day;

"(c) Thirty-one (31) consecutive days during the summer (to be taken between one week after school is out and one week before school starts), to be selected by the [wife] but upon written notice to [the husband] at least thirty (30) days in advance of such visitation;

"(d) During the odd years, A.E.A. (Spring Break) vacation from 9:00 a.m. Saturday until the following Saturday at 6:00 p.m.;

"(e) During the even years, Thanksgiving vacation from 6:00 p.m. Wednesday until Sunday at 6:00 p.m.;

"(f) Every other birthday of the children from 6:00 p.m. on said date until 8:00 a.m. of the following day, beginning with the next birthday;

"(g) Every Mother's Day from 9:00 a.m. until 6:00 p.m. of the same day. The children shall be with the [husband] on Father's Day. If that day falls on a visitation weekend, the children shall be returned to [the husband] by 9:00 a.m. on that Sunday;

"(h) On the birthday of the [wife] from 3:00 p.m. on said date until 8:00 p.m. of the same day;

"(i) At such other times as agreed upon between the parties.

"(j) At such times as the [husband] is out of town overnight without the children. Each parent shall keep the other informed on a current basis as to the primary residence address and telephone number where the children reside or visit

"....

"That it is further ordered that during the time the [wife] shall have the physical custody of the minor children of the parties, the [wife] shall not consume or be under the influence of intoxicating beverages or stimulants.

"8. That neither party shall have overnight company of the opposite sex other than immediate family members or their spouse if applicable in the future while the minor children of the parties are present.

"9. It is further ordered that neither the [wife] nor the [husband] shall influence the minor children against the other nor shall the parties say disparaging words about one another in front of the minor children of the parties. The parties are directed to speak of one another in a positive manner in front of said children.

"10. That the [wife] shall have access to all school, educational, doctor, hospital, or other medical reports, tests, and evaluations on said children. This provision constitutes [the husband's] consent for the release of such information to [the wife].

"11. The [wife] shall enjoy the right of reasonable telephone visitation with the minor children, at the [wife's] expense. The [husband] shall neither interfere with nor listen in or be party to the telephone conversation during the said period of time.

"12. That the Court hereby expressly reserves jurisdiction of the issue of child support to be paid by the [wife] to the [husband] for support and maintenance of the minor children of the parties for future Order of the Court. The [wife] is unemployed and the needs of the children and the parties combined incomes exceed the guidelines.

"13. That the [wife] is presently unemployed; therefore, an Order entitled `Order/Notice to Withhold Income for Child Support,' which is specifically incorporated herein as part of this Court's Order in this cause and this Order/Notice SHALL NOT be served until further notice of this Court.

"14. That the [husband] shall provide medical and dental insurance coverage for the use and benefit of the minor children of the parties until such time as the said minor children shall reach majority, marry or become self-supporting, and further, shall evidence same to the [wife] by providing a proper identification card within thirty (30) days from the date of this Final Judgment of Divorce.

"15. That the [husband] shall pay and be responsible for all medical and dental expenses for the minor children of the parties not covered by medical and dental insurance until such time as the said minor children shall reach majority, marry or become self-supporting.

"16. That the [husband] shall cooperate and assist the [wife] in obtaining, completing and returning to his employer any and all forms pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA) in order to insure that the [wife] will have continuous hospital, medical and major medical insurance as provided by the terms and conditions of COBRA. The [husband] shall be solely responsible for paying any and all premiums due for her coverage.

"17. That the [husband] shall maintain and name the [wife] the irrevocable beneficiary of the life insurance policy on his life, with Valley Forge in the amount of Ten Thousand Dollars ($10,000.00) until the [husband] shall either die or remarry. Said insurance policy shall not be assigned or otherwise further encumbered.

"18. That the [husband] shall maintain and name the minor children of the parties the irrevocable beneficiary of the life insurance policy presently maintained on his life with Colonial Properties in the amount of Fifty Thousand Dollars ($50,000.00) until the said minor children shall reach majority, marry, or become self-supporting. Said insurance policy shall not be assigned or otherwise further encumbered.

"19. That the [husband] shall pay to the [wife] the sum of Eight Thousand Nine Hundred Dollars ($8,900.00), per month as periodic alimony, the first payment to be due and payable on May 1, 2007 and subsequent payments to be due and payable on the 1st day of each month thereafter. That the [husband's] obligation hereunder shall terminate upon the first to occur of the following events: the [wife's] death, the [husband's] death, the [husband's] remarriage, the [husband's] commission of those acts contemplated in [§] 30-2-55, Code of Alabama (1975), or as otherwise provided by law.

"20. That the [husband] shall have the sole use and occupancy of the residence of the parties ... until such time as the minor children of the parties shall reach their majority, marry, become self-supporting, or die or until the [husband] remarries, dies or no longer uses said residence as the principal residence of himself and the minor children. In the event any of the foregoing shall occur, the residence shall be sold within one hundred eighty (180) days from the date of such event, at a private sale, and after the costs of said sale and the balance due, if any, on the mortgage now in existence are deducted, the [wife] shall receive the sum of Four Hundred Twenty Five Thousand Dollars ($425,000.00), of the equity in the said residence.

"Further, in the event said residence is unsold at the end of said period, the Clerk of this...