Kevin E. DOCEN
Victoria C. DOCEN.
from Mobile Circuit Court (DR-17-901207)
H. Nolen, Jr., Mobile, for appellant.
R. Edmondson, Mobile, for appellee.
Application for Rehearing
court's no-opinion order of affirmance of March 8, 2019,
is withdrawn, and the following is substituted therefor.
E. Docen ("the father") appeals from a judgment
entered by the Mobile Circuit Court ("the trial
court") divorcing him from Victoria C. Docen ("the
mother"); specifically, he appeals the provisions of the
divorce judgment regarding custody of the parties' child
("the child") and child support. We affirm the
trial court's judgment.
procedural history pertinent to this appeal is as follows. In
a separate action before the trial court, the trial court
entered, on February 17, 2017, a judgment legally separating
the parties and incorporating an agreement of the parties
regarding the terms of that separation. Among other things,
the parties agreed that the father would pay child support to
the mother in the amount of $341.18 per month.
September 5, 2017, the father filed a series of documents
seeking an uncontested divorce from the mother, including a
divorce settlement agreement ("the divorce
agreement") signed by both parties, which provided, in
"2. THAT [the father] shall pay to [the mother] child
support in the amount of $416.49 per month effective upon
the issuance of the judgment of divorce, which amount is in
compliance with [the child-support guidelines]."
father also filed a Form CS-41, see Rule 32(E), Ala. R. Jud.
Admin., that had been signed by the mother, a Form CS-41 that
had been signed by the father, and a Form CS-42 and a Form
CS-43, both of which had been prepared by the father's
attorney; those documents are ...