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STATE OF LOUISIANA DEPARTMENT OF NO. 06-CA-842 SOCIAL SERVICES, KRISTI HEMAND
FIFTH CIRCUIT  
VERSUS  couRT OP APPEAL,  
FIFTH CIRCUlT  COURT OF APPEAL  
KYLE REUTHER  -
MAR 18 2[l07  STATE OF LOUISIANA  

ON APPEAL FROM THE ARISH JUVENILE COURT
PARISH OF JEFFERSON, STATE OF LOUISIANA
NO. 2004-NS-1753, DIVISION "C"
HONORABLE NANCY A. KONRAD, JUDGE PRESIDING

MARCH 13, 2007
WALTER J. ROTHSCHILD JUDGE
Panel composed of Judges Edward A. Dufresne, Jr., Clarence E. McManus, and Walter J. Rothschild
PAUL D. CONNICK, JR.
DISTRICT ATTORNEY
Twenty-Fourth Judicial District
Parish of Jefferson JOSEPH R. MCMAHON, JR. JOHN D. FITZMORRIS, JR.
ASSISTANT DISTRICT ATTORNEYS
1546 Gretna Boulevard Harvey, Louisiana 70058 COUNSEL FOR PLAINTIFF/APPELLEE
LAURA JEAN TODARO NEIL D.W. MONTGOMERY
Attorneys at Law
909 West Esplanade Avenue
Suite 203 Kenner, Louisiana 70065
COUNSEL FOR PLAINTIFF/APPELLEE
BENNETT WOLFF HAYLEY HARMON
Attorneys at Law
3017 21st Street
Suite 100 Metairie, Louisiana 70002
COUNSEL FOR DEFENDANT/APPELLANT
VACATED AND REMANDED
In this child support enforcement case, Kyle Reuther appeals from a judgment of the trial court increasing the amount of his child support obligation. For the reasons stated more fully herein, we vacate the judgment ofthe trial court and remand the case for further proceedings.
Factual and Procedural History
Kyle Reuther, the biological father of the minor child, Taylor Michael Hastings, and Kristi Hastings, the child's biological mother, entered into a consent judgment in April of 2000 whereby the parties agreed to a joint custody arrangement with a specified visitation schedule. In this judgment, Mr. Reuther was ordered to pay child support for the minor child in the amount of $380.00 per month. Mr. Reuther failed to make timely payments pursuant to this order, and Ms. Hastings subsequently applied for enforcement services with the State of Louisiana. On November 19, 2004,
the case was transferred to Juvenile Court, and on March 14, 2005, the hearing officer entered a recommendation to adopt the previous child
support order in addition to 5% in court costs.
Mr. Reuther agreed with this recommendation, and it became an order of the court on March 14, 2005. However, Mr. Reuther subsequently filed a rule to reduce child support. A hearing was held on June 2, 2005, wherein both parties agreed that the minor child was living with the maternal grandmother at the time. Accordingly, the hearing officer recommended that ongoing support be suspended to allow the grandmother to apply for support services. The State of Louisiana, on behalf of Ms. Hastings as recipient, filed a notice of disagreement and request for hearing.
On June 22, 2006, the State filed a motion to reinstate child support. A hearing on this motion was held by the hearing officer on July 20, 2006. The hearing officer recommended reinstatement of child support in the amount of $810.85, plus 5% court costs per month. This support amount included payment ofprivate school tuition. Mr. Reuther noticed his disagreement with this recommendation and the matter was heard in Juvenile Court on August 14, 2006.
On this date, both Mr. Reuther and Ms. Hastings testified regarding the issue of child support. Further, the record indicates that a copy of a letter from Blue Cross/Blue Shield of Louisiana indicating an increase in health msurance premiums for the minor child Taylor Hastings was accepted as evidence by the court. Following the hearing, the court affirmed the hearing officer's ruling dated July 20, 2006. No reasons for judgment were provided. Mr. Reuther now appeals from this judgment.
Discussion
By this appeal, Mr. Reuther contends that the trial court erred by adopting the hearing officer's recommendation where there was insufficient evidence in the record to support the granting of such an award. Mr. Reuther also contends that the trial court erred in ordering him to pay for the child's private school tuition.
The State filed a reply brief arguing that the trial court was not manifestly erroneous in its child support determination. Attached to this brief were eleven exhibits which the State argued supported the trial court's award.* Kristi Hastings also filed a reply brief arguing that the trial court's award was based on sufficient evidence, and similar documentation was also attached to this brief.2
Thereafter, the State filed a motion to supplement the record with documentation which was contained in the trial court record as stated in an affidavit of the deputy clerk of Juvenile Court. This court ordered the Clerk of Juvenile Court to supplement the appellate court record with the record compiled in Juvenile Court. On February 28, 2007, the Juvenile Court supplemented the appellate court record with the entire Juvenile Court record in this matter. We therefore address the merits of this appeal as follows:
A trial judge determines the basic child support obligations pursuant to La. R.S. 9:315.2, which provides:
1 Mr. Reuther filed a Motion to Strike these exhibits based on the fact that the exhibits were not introduced
at trial. However, by order ofthis Court dated February 26, 2007, the record herein has been supplemented with the
entire Juvenile Court record, and we find that this motion has been rendered moot. 2In response to this brief, Mr. Reuther filed in this Court an Exception ofNo Right ofAction asserting that Ms. Hastings had no standing to file an appellate brief in this Court as she had assigned to the State of Louisiana her entire right, title and interest in obtaining child support pursuant to La. R.S. 46:236.1.5. Based on our holding herein vacating the award, we pretermit a discussion ofthis exception. Mr. Reuther may raise this exception in the trial court on remand.
A. Each party shall provide to the court a verified income statement showing gross income and adjusted gross income, together with documentation of current and past earnings. Suitable documentation of current earnings shall include but not be limited to pay stubs, employer statements, or receipts and expenses if self

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