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Editor's Note: Opinion Rendered March 24, 2000

SUPREME COURT OF LOUISIANA
No. 99-C-2132

LISA SMITH MUNN GUILLOT v. MARION PATRICK MUNN, JR.

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, FAMILY COURT FOR THE PARISH OF EAST BATON ROUGE
KIMBALL, Justice* We granted certiorari in this case to consider whether Louisiana's child support guidelines automatically allow for a deviation from their formulaic determination of the support obligation based solely on the amount of time a nondomiciliary parent spends with a child. We find that such an automatic deviation is not allowed. Rather, the party urging a reduction in the child support obligation based on the amount of time spent with the child must bear the burden of proving that he or she exercises shared custody or extraordinary visitation with the child, that the extra time spent with the nondomiciliary parent results in a greater financial burden on that parent and in a concomitant lesser financial burden on the domiciliary parent, and, finally, that the application of the guidelines would not be in the best interest of the child or would be inequitable to the parties. Because the record in this case is devoid of any information relating to these issues, the case is remanded to the trial court for further proceedings consistent with this opinion. The parties in this case, Lisa Smith Munn Guillot and Marion Patrick Munn, Jr., were married in East Baton Rouge Parish on September 5, 1981. Two children were born of this marriage, Kyle

*

CALOGERO, C.J., not on panel. See Rule IV, Part 2,

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Louisiana Law