12509 Precedential Affirmed Processed

Norred v. Norred

Louisiana Court of Appeal, Second Circuit · Filed January 21, 1975 · 306 So. 2d 799

Also decided on this docket: La. Ct. App. 1st Cir., March 5, 1979 369 So. 2d 1104

Cited by

Bush v. Bailey 525 So. 2d 1174 La. Ct. App. 1st Cir. 1988
Saxena v. Saxena 518 So. 2d 1098 La. Ct. App. 5th Cir. 1987
Withers v. Withers 511 So. 2d 51 La. Ct. App. 1st Cir. 1987
Romagosa v. Romagosa 464 So. 2d 1129 La. Ct. App. 5th Cir. 1985
Dickinson v. Dickinson 461 So. 2d 1184 La. Ct. App. 3d Cir. 1984
Acosta v. Acosta 343 So. 2d 1208 La. Ct. App. 1st Cir. 1977

Authorities cited

Identified automatically; this list may not be exhaustive.

Pettitt v. Pettitt 261 So. 2d 687
Gay v. Gay 226 So. 2d 926

Opinion text

306 So.2d 799 (1975) Allyn Cason NORRED, Plaintiff-Appellee, v. Richard E. NORRED. No. 12509. Court of Appeal of Louisiana, Second Circuit. January 21, 1975. James E. Franklin, Jr., Shreveport, for appellant. Lewis Weinstein, Shreveport, for plaintiff-appellee. Before BOLIN, PRICE and HALL, JJ. BOLIN, Judge. Plaintiff and defendant were divorced on October 31, 1973, and plaintiff was granted the care and custody of Ashley Raine Norred, issue of the marriage, and an award of $75 per month for her support. The present action was instituted on June 4, 1974 by Richard E. Norred against his former wife, seeking to have the custody of the child awarded to him. The mother answered, denying she was unfit to continue caring for her child, and filed a reconventional demand against Mr. Norred seeking to increase the child support from $75 to $200 per month. Following trial the lower court rejected the father's demand to have custody of his child awarded to him and rendered judgment in favor of the mother, as plaintiff in reconvention, against the father increasing the award for support of their daughter from $75 to $150 per month. Richard E. Norred appeals from that portion of the judgment increasing the amount of child support. We affirm the ruling of the lower court. The principal question is one of fact, since the law is well settled that an award of alimony for the support of a child is always subject to modification if it be shown there has been any change in the needs of the child or in the ability of the father to pay. Pettitt v. Pettitt (La.App.2d Cir. 1972), 261 So.2d 687 . It is equally well-settled that the determination of the *800 amount of support to be paid is within the discretion of the trial judge and his decision should not be disturbed on appeal unless there has been a showing of abuse of this discretion. Gay v. Gay (La.App.2d Cir. 1969), 226 So.2d 926 . We find the record establishes the expenses necessary for the care of the minor, Ashley Raine Norred, have increased from the date the amount for child support was initially fixed, and that the income of the father has increased during this same period of time. Accordingly, the judgment of the lower court is affirmed at appellant's cost.