13002 Precedential Affirmed Processed

Cole v. Cole

Louisiana Court of Appeal, Second Circuit · Filed September 27, 1976 · 338 So. 2d 152

Also decided on this docket: La. Ct. App. 1st Cir., March 2, 1982 411 So. 2d 1176; La. Ct. App. 1st Cir., January 21, 1980 382 So. 2d 976

Cited by

Borden v. Borden 550 So. 2d 901 La. Ct. App. 2d Cir. 1989
Barfield v. Barfield 483 So. 2d 1085 La. Ct. App. 2d Cir. 1986
Abercrombie v. Abercrombie 434 So. 2d 1139 La. Ct. App. 2d Cir. 1983
McKenna v. Steen 422 So. 2d 615 La. Ct. App. 3d Cir. 1982
Bass v. Bass 417 So. 2d 67 La. Ct. App. 3d Cir. 1982
Shackleford v. Shackleford 411 So. 2d 736 La. Ct. App. 3d Cir. 1982
Guice v. Guice 411 So. 2d 663 La. Ct. App. 4th Cir. 1982
Howell v. Howell 391 So. 2d 1304 La. Ct. App. 4th Cir. 1980

Authorities cited

Identified automatically; this list may not be exhaustive.

Bernhardt v. Bernhardt 283 So. 2d 226

Opinion text

338 So.2d 152 (1976) Ruby COLE, Plaintiff-Appellee, v. Billy John COLE, Defendant-Appellant. No. 13002. Court of Appeal of Louisiana, Second Circuit. September 27, 1976. Eugene J. Coen, Shreveport, for defendant-appellant. Whitmeyer & Rubenstein by Alex Rubenstein, Shreveport, for plaintiff-appellee. Before BOLIN, PRICE and HALL, JJ. HALL, Judge. This is an appeal from the trial court's refusal to reduce the amount of child support being paid by the father. We affirm the trial court's judgment. The party requesting a change in an alimony or child support award bears the burden of proving a change in the financial condition of one of the parties. This rule applies to a party seeking a modification of a "consent" judgment. Bernhardt v. Bernhardt, 283 So.2d 226 (La.1973). The trial court found that neither parent's income had changed appreciably and that the expenses of supporting the children had increased. We find no error in this factual determination. The change cited by the father was a temporary job held by the oldest child at a McDonald's restaurant. The trial court correctly decided that temporary employment of a minor child which has ended at the time of trial has no bearing on whether a child support award should be modified. The father has shown no circumstances which have changed materially since the original award was made. Consequently, no modification is warranted. The judgment is affirmed at appellant's costs. Affirmed.