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Court Case Record Jack BLOOD. v. Patricia BLOOD. 2141058 UID(47dc)


Jack BLOOD. v. Patricia BLOOD. Court Case Record

Court Case Number: 2141058


 
Case Number2141058
Case TitleJack BLOOD. v. Patricia BLOOD.
Case TypeCriminal
StateAlabama, AL
CountyAll Counties
CourtCourt of Civil Appeals of Alabama.
Court Address
Phone
Field Date9/2/2016
Close Date

Parties

CounselNameType
Jack BLOOD.Appellee/Petitioner
Patricia BLOOD.Appellant/Defendant
Details
On Application for Rehearing
This court's opinion of July 1, 2016, is withdrawn, and the following is substituted therefor.
Jack Blood (“the former husband”) appeals from a judgment of the Limestone Circuit Court (“the trial court”) modifying his child-support obligation and denying his request to modify his alimony obligation to Patricia Blood (“the former wife”).
The former husband and the former wife were divorced by a judgment entered by the trial court in April 2012. Pursuant to the divorce judgment, the former husband was ordered to pay $1,146 per month in child support for the parties' minor child. The former husband was ordered to pay periodic alimony to the former wife in the amount of $1,000 per month for 36 months, followed by $1,500 per month for 24 months. The judgment also provided that, if the former husband filed for bankruptcy protection within the 60–month period during which he was obligated to pay alimony, he would pay an additional $1,000 per month beginning with the month following the date the bankruptcy was final and continuing each month for the remainder of the 60–month period.
On October 21, 2013, the former husband filed a complaint in the trial court seeking to modify his child-support obligation. In the complaint, he alleged that there had been a significant change in his financial situation caused by his loss of employment, and he requested a temporary reduction in his child-support obligation pending his obtaining new employment. The former husband attached to his complaint bank statements and a written summary of his financial situation. The former wife filed an answer denying the former husband's allegations and a counterclaim in which she alleged, among other things, that the former husband owed her a child-support arrearage and an alimony arrearage. The former husband filed an amended complaint seeking to reduce his alimony obligation to the former wife.
On March 11, 2015, the trial court held a trial at which only the former husband testified. The evidence at trial indicated the following. Before the divorce judgment had been entered, the former husband had been ordered by a Florida court to pay $2,000 per month in child support for a daughter conceived with another woman during his marriage to the former wife. At the time of trial, the former husband had an arrearage of $74,000 in unpaid child support owed to the other woman, and $3,755.25 was being withheld from his income each month to be applied to both his current child-support obligation and the arrearage owed to the other woman. At the time the divorce judgment was entered, the former husband worked for a defense contractor. After the divorce judgment was entered, the former husband was laid off from that employment. He then began working for another employer, but he lost that job in January 2013. The former husband worked again from May 2013 through October 2013, earning appro
The former husband testified that, during the time he was unemployed, he had exhausted his savings and had used credit cards to pay his child-support obligation to the former wife. The former husband testified that he had paid all of his child-support obligations to the former wife that were owed during 2013. He testified that he had paid $3,081.96 in child-support payments for 2014 but that he had a child-support arrearage owed to the former wife in the amount of $10,674.04 for 2014. The former husband testified that he had paid $1,213.92 in child support for January and February 2015 but that he had a child-support arrearage owed to the former wife in the amount of $1,078.08 for 2015. Thus, he testified, he had a total arrearage of $11,752.12 at the time of the trial.
The former husband testified that his first missed alimony payment to the former wife was in March 2013 and that he made partial alimony payments from June through September 2013, in January 2015, and in February 2015. The former husband testified that he had paid a total of $5,500 in alimony in 2013, that he did not pay any alimony in 2014, and that he had paid $300 in alimony in 2015. The former husband testified that he had an arrearage of $17,500 in unpaid alimony owed to the former wife.
On April 22, 2015, the trial court entered the following order:
“1. This case was initiated by the pro se filing by the [former husband] to modify child support and alimony, said petition being filed on October 18, 2013. The parties were divorced by order of this Court on April 10, 2012. The Court has considered the testimony and the exhibits. The [former husband] is also ordered to pay child support based on a Final Judgment of Paternity issued by the Circuit Court of the Fifth Judicial Circuit in and for Lake County, Florida, entered on about the 16th day of February, 2012. Said order predates the date of the divorce of the parties. Based upon same the Court finds that a material change of circumstances has occurred regarding the payment of child support.
“2. The Court directed the attorneys for the parties to calculate current child support to be paid by the [former husband] to the [former wife] postpetition for the last two months of 2013, and for the years 2014 and 2015. The Court instructed counsel to calculate the child support arrearage owed by the [former husband]. Based upon such calculation, the Court finds that child support for the two months remaining in 2013, post-petition, to be paid by the Petitioner is $943.00 per month. Beginning in 2014, [former husband] should have paid child support in the amount of $897.00 per month. Beginning January of 2015 and forward until modified by this Court, the [former husband] shall pay the amount of $872.00 per month as current child support.
“3. Based upon the payment history and calculations introduced into evidence by the [former wife], the Court finds that the [former husband] is in arrears of child support through March 31, 2015, in the principal amount of $9,171.16, plus $739.43 interest, for a total owed of $9,910.59, for which judgment shall issue in favor of the [former wife] and against the [former husband], in accordance with Alabama law.
“4. The [former husband] has filed no proceeding in the State of Florida to modify the child support ordered by that State. Further, the [former husband] has received a notice of wage withholding from the State of Florida seeking to garnish from the [former husband's] pay the sum of $3,755.25 per month in order to collect unpaid child support in Florida. The Court finds that the [former husband] has failed to exercise due diligence in regard to seeking a modification for relief from child support in Florida, and has instead limited his efforts to reduce his obligations to the [former wife] here in the State of Alabama. The [former husband's] request to modify alimony is therefore denied.
“5. The Court finds that the [former husband] is in arrears of alimony to the [former wife] in the principal sum of $20,550.00 as of March 31, 2015.
“6. The [former husband] shall pay child support in the current amount of $872.00 per month commencing January 2015, and, commencing the month of April 2015, shall begin paying an additional $128.00 per month toward the arrears, for a total monthly sum to be paid toward current and arrears of $1,000.00 per month until such time as all arrears and accumulating interest are paid in full.
“7. The [former wife] shall provide to the [former husband] documents showing the medical expenses of the minor child which have been uncovered by insurance through March 31, 2015. Statements from the [former wife's] health insurance provider will suffice for this purpose. The [former husband] shall reimburse to the [former wife] ․ one-half (1/212) of the uncovered charges within ninety (90) days of the submission of same by the [former wife]. All future medical bills shall be reimbursed in accordance with provisions contained within the original Decree of Divorce.
“8. The [former husband's] current alimony obligation as established by the Decree of Divorce is the sum of $1,000.00 per month. The [former husband] shall pay this sum commencing with the month of March 2015. Pursuant to the Decree the [former husband] shall pay the sum of $1,500.00 per month beginning April 1, 2015. All alimony shall continue being paid until such time as the current obligation as defined within the Divorce Decree, plus the arrears set out herein, plus an additional sum of $l,000.00 per month to be paid for each month the [former husband] remains in bankruptcy as set out in the Decree of Divorce between the parties, which [former husband] filed bankruptcy on October 31, 2012, has been paid in full. The Court specifically reserves jurisdiction over the issue of alimony.
“9. The [former wife] had counterclaimed in this case to hold [the former husband] in contempt. The Court finds that the [former husband] suffered a decrease in income through no apparent fault of the [former husband]. Therefore, the request to hold the [former husband] in contempt is denied. All other prayers for relief filed or requested by either party not specifically addressed in this order are hereby denied.”
On May 14, 2015, the former husband filed a motion that he described as a motion to alter, amend, or vacate the April 22, 2015, order. On May 28, 2015, the former wife filed a motion to compel the former husband to produce certain documents that had not been produced before trial. The trial court set the pending motions for a hearing on June 11, 2015. On June 11, 2015, by agreement of the parties, the trial court entered an order continuing the hearing on the motions to August 18, 2015. On August 11, 2015, the parties filed a joint motion consenting to extend the time for ruling on the motions to September 11, 2015, which the trial court granted on August 12, 2015.
On September 14, 2015, the trial court entered the following order:
“This matter being set for hearing on the [former husband's] Motion for Relief Filed Pursuant to the Alabama Rules of Civil Procedure, and the Court having considered the order previously issued in this matter on April 22, 2015, the Court hereby ORDERS as follows:
“1. After hearing the arguments of counsel the Court finds that the Order issued April 22, 2015, is not final as to the issues contained within paragraph # 7 thereof, concerning the [former husband's] reimbursement to the [former wife] of one-half of the uncovered health expense costs of the child.