HANS J. LILJEBERG, Judge.
In this domestic matter, the plaintiff/appellant, F. Patrick Quinn, appeals a ruling of the trial court that awarded his former wife, the defendant/appellee, Julie Unangst Quinn, child support arrearages and attorney's fees.
Julie and F. Patrick Quinn were married on May 25, 1996. On October 10, 2006, Mr. Quinn filed for divorce, judgment of which was rendered on March 26, 2007. Litigation thereafter ensued relating to property, custody, and child support. On March 24, 2010, the parties entered into a Consent Judgment Concerning Custody and Child Support, as well as a separate Consent Judgment of Partition of Community Property. On September 29, 2010, Ms. Quinn filed a Motion for Contempt, Arrearages, Attorney's Fees & Costs, seeking, as related to this appeal, child support arrearages for expenses incurred during 2009-2010 in mortgage payments, insurance and property taxes, totaling $25,539.47. Ms. Quinn requested attorney's fees as well. On November 10, 2010, the trial court heard other matters, resulting in an award of $5,000.00 in attorney's fees to Ms. Quinn. The trial court continued the hearing as to the issue of mortgage payments, insurance and property taxes.
On appeal, Mr. Quinn asserts that the consent judgment as to the partition of property, whereby Mr. Quinn transferred full and exclusive ownership, right, title and interest in the former matrimonial domicile, 419 Northline Drive, to Ms. Quinn, relieved him of any outstanding liabilities as related to the domicile. Specifically, Mr. Quinn asserts that pursuant to the consent judgment, both parties waived any right to itemization of outstanding liabilities associated with the house and further waived any rights to reimbursement of any costs. Additionally, Mr. Quinn asserts that $150,000.00 cash was transferred to Ms. Quinn, pursuant to the consent judgment, for any incidentals relating to 419 Northline Drive. Moreover, Mr. Quinn asserts the trial court erroneously awarded Ms. Quinn attorney's fees.
In response, Ms. Quinn contends that prior to March 24, 2010, Mr. Quinn was ordered to pay child support that included direct payments to vendors of the mortgage, insurance and property taxes on the former matrimonial domicile. Ms. Quinn further contends that prior to her entering into the two separate consent judgments, Mr. Quinn represented to her and the trial court that all insurance and tax payments were current up to that point. Subsequently, Ms. Quinn learned that these payments were still owed and incurred expenses and attorney's fees through her attempts to make current the payments and seek reimbursement from Mr. Quinn. Ms. Quinn maintains on appeal that the mortgage, insurance and property taxes owed prior to the March 24, 2010 consent judgments are child support arrearages, and as such she is entitled to reimbursement and attorney's fees.
The record is clear and it was undisputed by the parties at the hearing that prior to March 24, 2010, Mr. Quinn was ordered by the court, as one form of child support, to pay the mortgage, insurance and property taxes on 419 Northline Drive, the former matrimonial domicile, where Ms. Quinn resided with their two minor children. At the hearing, Ms. Quinn testified that prior to signing the consent judgments in March 2010, Mr. Quinn represented to her that the insurance and property taxes were current, Ms. Quinn also testified that she knew Mr. Quinn had not paid two of the mortgage payments because she received paperwork in the mail requesting payment.
At the hearing, Mr. Quinn did not dispute that prior to March 24, 2010, the trial court ordered him to pay child support which included making direct payments on the mortgage, insurance and property taxes for 419 Northline Drive. Notwithstanding, Mr. Quinn testified that while making most of the payments, he did not make all of the payments on the mortgage, insurance, and property taxes for one reason or another. However, he adamantly maintained that he did not represent to Ms. Quinn that he had made the payments. He also maintained that he gave Ms. Quinn $150,000.00 cash that was to be applied to any "loose miscellaneous bills." Moreover, Mr. Quinn argued at the hearing and on appeal that Ms. Quinn could have known the status of the mortgage, insurance and taxes by simply checking the websites online.
In its written judgment, the trial court found that on the date of the consent judgments, Mr. Quinn led Ms. Quinn to believe that all property taxes and insurance on the Northline property had been paid, and that no additional liability existed until March 24, 2010. Instead, the taxes were not current, but on appeal, and the insurance was paid by the mortgage company. The trial court thereby found that Ms. Quinn was entitled to the arrearages in mortgage, insurance and tax payments due prior to March 24, 2010.
After reviewing the record and the trial court's judgment and reasons, we cannot conclude that the trial court's judgment in favor of Ms. Quinn was manifestly erroneous. The overriding fact question in the case turned on credibility. A court of appeal may not set aside a trial court's finding's of fact in the absence of manifest error or unless they are clearly wrong. Allerton v. Broussard, 10-2071 (La.12/10/10), 50 So.3d 145, 146-147; Arceneaux v. Domingue, 365 So.2d 1330, 1333 (La.1978). Where there is a conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed, even though the appellate court may feel that its own evaluations and inferences are as reasonable. Stobart v. State through Dept. of Tramp, and Development, 617 So.2d 880, 882 (La.1993); Cenacle Retreat House v. Dubose, 04-571, (La.App. 5 Cir. 11/30/04), 888 So.2d 409, 411, writ denied, 05-157 (La.3/24/05), 896 So.2d 1040. If there are two permissible views of the evidence, a fact finder's choice between them cannot be manifestly erroneous or clearly wrong. Id. Accordingly, we find no error in the trial court's finding and affirm the trial court's judgment of August 23, 2011, awarding Ms. Quinn $25,539.47 in arrearages for mortgage, insurance and tax payments.
Additionally, we find the trial court did not abuse its discretion in awarding Ms. Quinn attorney's fees in the amount of $5,000.00. LSA-R.S. 9:375 provides that a trial court shall, except for good cause shown, award attorney's fees and costs to the prevailing party, when rendering a judgment making past due child support
Accordingly, the trial court's judgment of August 23, 2011, awarding arrearages and attorney's fees and costs, is affirmed. The costs of the appeal are assessed to the appellant, Mr. Quinn.