Shook v. Shook

1

Jacob Shook v. Erica Shook

Erica Shook v. Jacob Shook

Nos. 2210161, 2210206

Alabama Court of Civil Appeals

April 28, 2023

Appeals from Madison Circuit Court (DR-17-900171.01)

HANSON, JUDGE.

Jacob Shook ("the father") appeals from a judgment of the Madison Circuit Court ("the trial court") that modified his child-support obligation and held him in contempt of court. Erica Shook ("the mother") cross-appeals from that same judgment, which denied her request to modify custody of O.L.S. ("the child").

Procedural History

The parties were divorced by a judgment entered by the trial court in March 2018. The divorce judgment reads, in pertinent part:

"1. The bonds of matrimony heretofore existing between the plaintiff and the defendant be and the same are hereby dissolved and [the mother] is forever divorced from [the father]..

"2. The Settlement Agreement duly executed by the parties and filed with the Clerk of this Court on March 22 2018, is hereby ratified and approved by the Court, and is incorporated into and made a part hereof as though fully set out herein. It is ORDERED by the Court that the parties keep and obey the terms thereof, subject to penalty as for contempt.

"..

"4. Neither party shall be required to pay child support to the other party based on their exercise of joint physical custody of the minor child. Based upon the income and expenditures supplied by the parties in forms CS-41, [Child Support Obligation Income Statement/Affidavit] and having considered the agreement of the parties, the Child Support Guidelines as established by Rule 32 of the Alabama Rules of Judicial Administration have not been followed and applied due to the joint physical custody arrangement for the child. The Court finds this to be fair and reasonable and said deviation is hereby ratified and approved by this Court."

The parties' above-quoted "Settlement Agreement," which was incorporated into the divorce judgment states, in pertinent part:

"7. The parties agree that they will share true joint legal and true joint physical custody and control of the parties' minor child, [O.L.S.]... The parties understand and agree that all decisions related to education, religious upbringing, non-emergency medical and dental treatment, and extracurricular activities of the minor [child] should be made jointly. However, in the event that the parties are unable to reach an agreement regarding the education medical/dental, religious, and extracurricular needs of the minor [child], the parties have agreed to divide decision making authority as follows:

"Medical/Dental Mother/Plaintiff

"Education Father/Defendant

"Religious Mother/Plaintiff

"Extracurricular Father/Defendant

"Civic Mother/Plaintiff

"Cultural Father/Defendant

"Both parties understand and agree that the ability to exercise this decision-making authority does not negate the responsibility of the parties to communicate with one another and attempt to reach a joint agreement regarding these issues.

"8. The parties have agreed with respect to the minor child's school that the minor shall attend school at Brookhill Elementary school, which is or will be located in the Mother's school district from pre-school/Kindergarten through Grade four (4). The parties have agreed that beginning with the minor child's commencement the fifth (5th) grade school year that the minor child shall attend school in the father's school district, provided that the father still resides in the school district he is currently residing in at the time of this agreement.

"9. The parties shall exercise custodial periods with the minor child as they can agree. However, if the parties cannot agree, the parties agree that they shall utilize the following schedule with respect to weekday/weekend custodial periods with their minor child:

"The parties shall exercise rotating periods of custody with the Mother/Plaintiff having Custody of the minor child from Wednesday at 8:00 a.m. until Friday at 8:00 a.m. every week. The Father/Defendant shall have custody of the minor child from Monday at 8:00 a.m. until Wednesday at 8:00 a.m. every week. The party whose custodial period is beginning shall be responsible for picking up the minor child from the other party or from school if school is in session at the start of their custodial period. The parties agree that they shall alternate weekends from Friday at 8:00 a.m. until Monday at 8:00 a.m. each week. The parties agree that they shall begin utilizing this schedule for the first weekend of April 2018 (April 6th-8th, 2018) and the first weekend shall be afforded to the Father/Defendant.

"The parties agree that they will utilize the following schedule for the purposes of Holidays and Special Occasions, which shall take precedence and supersede the above weekday/weekend custodial schedule:

"a. Parents are allowed to vary from the Court-ordered custody schedule by mutual agreements However, if parents are not both in agreement, the following custody schedule is to be followed. Failure to do so can subject a party to sanctions for contempt of Court.

"b. Unless as otherwise set out herein, all visitation will be accomplished by the mother picking up the child at the residence of the father or school if visitation begins at the end of the school day, or such other reasonable place as the parties may mutually agree at the times provided for each period of visitation.

"..

"10. The parties have agreed that in consideration of their joint custodial agreement that neither party shall have a Child Support obligation to the other..

"The parties agree that the Father/Defendant shall be responsible for the payment of all expenses related to extracurricular and uncovered medical/dental for the minor child each year up the sum of THREE THOUSAND AND 00/100 ($3,000.00) DOLLARS, per calendar year. In the event that the extracurricular and uncovered medical/dental expenses for the minor child exceed THREE THOUSAND AND 00/100 ($3,000.00) DOLLARS, per calendar year, the parties agree that they shall evenly divide (50%-50%) all extracurricular and uncovered medical/dental expenses for the minor child in excess of this THREE THOUSAND AND 00/100 ($3,000.00) DOLLARS, per calendar year. The parties further agree that they shall each pay and be responsible for one-half (1/2) of any and all school, related expenses for the parties' minor child, which include but are not limited to expense which are required by the school, or relate to field trips or other non-athletic/extracurricular school related functions for the minor child (e.g. book fairs). "a. The party who incurs the expense shall present to the other party bills and/or receipts for payment or reimbursement within fifteen (15) days from the receipt of it. The party who did not incur the expense shall pay or reimburse the party who incurred the expense for his/her share of said expenses within fifteen (15) days from the receipt of it.

"11. The parties agree to provide for their minor [child] in accordance with the 'Standard Parenting Clauses' attached hereto as Exhibit 'A'.

"12. The minor child is covered on the Defendant's private health insurance. The parties agree that the Plaintiff shall continue to cover the minor child on his health insurance. The Defendant shall provide the Plaintiff with a copy of the policy, schedules of benefits, identification cards and claim forms to assist in the prompt payment of covered charges by the insurance company.

"b. The parties agree that that the Father/Defendant in conjunction with his agreement as stated in Paragraph 10, hereinabove, to be responsible for the payment of extracurricular expenses for the parties' minor child, shall be responsible for the payment of any and all uninsured/uncovered medical, dental, pharmaceutical, orthodontic, ophthalmic and optometric expenses and any reasonable and necessary, therapeutic or rehabilitative expenses incurred for the benefit of the minor child up to the sum of THREE THOUSAND AND 00/100 ($3,000.00) DOLLARS annually and per calendar year. In the event that the amount of uninsured/uncovered medical, dental, pharmaceutical, orthodontic, ophthalmic and optometric expenses and any reasonable and necessary, therapeutic or rehabilitative expenses incurred for the benefit of the minor child and the extracurricular expense for the minor child once the expenses are in excess of this THREE THOUSAND AND 00/100 ($3,000.00) DOLLARS annual amount to be paid by the [mother].

"c. The party who incurs the expense shall present to the other party bills and/or receipts for payment or reimbursement of uninsured medical and/or dental bills within fifteen (15) days from the receipt of it. The party who did not incur the expense shall pay or reimburse the party who incurred the expense for his/her share of said expenses within fifteen (15) days from the receipt of it. In the event that either party shall receive reimbursement for payment directly from the health insurance carrier, that party shall pay the other party (50%) of that reimbursement within ten (10) days.

''. "30. The parties hereto are ordered and directed as follows:

"(a) That each shall remain from any and all words, conduct, deeds, or activity which are intended or calculated to interfere with, abuse, embarrass or intimidate the other;

"(b) That each will respect the privacy of the other from and after the date hereof; and

"(c) That each will refrain from any activity, words, or deeds intended or calculated to interfere with the employment of the other, or calculated or intended to interfere with the family or social life of the other."

(Capitalization in original.)

The above-referenced "Standard Parenting Clauses," which were also incorporated into the parties' divorce judgment, read, in...