Cited by
Opinions in Louisiana that cite Smith v. Smith, 47 So. 2d 32.
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Wascom v. Wascom
713 So. 2d 1271
La. Ct. App. 1st Cir. 1998
(1950), the supreme court held that $20,000 in liquid assets will defeat a claim for permanent alimony.
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Osborne v. Osborne
512 So. 2d 645
La. Ct. App. 2d Cir. 1987
(1950), the wife's $20,000 share of the community assets, consisting mainly of bonds and interest-bearing notes, was found to preclude her from receiving permanent alimony.
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Lopez v. Breaux
462 So. 2d 1333
La. Ct. App. 3d Cir. 1985
3rd Cir.1980): "The term `support' or `maintenance' has been interpreted to include food, clothing, and shelter, the basic necessities of life, , (1950), as well as reasonable and necessary transportation expenses, utility expenses (such as gas and electricity), medical and drug expenses, household expenses, and income tax liability generated by the alimony payments, "
- Gray v. Gray 451 So. 2d 579 La. Ct. App. 2d Cir. 1984
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Chrisman v. Chrisman
432 So. 2d 882
La. Ct. App. 1st Cir. 1983
Appellant cites a number of cases, , (1950) and Montz v. Montz, 253 La.
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Vorisek v. Vorisek
423 So. 2d 758
La. Ct. App. 4th Cir. 1982
Loyacano v. Loyacano, supra
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Cormier v. Cormier
422 So. 2d 719
La. Ct. App. 1st Cir. 1982
(1950); White v. *721 White, (La.App.
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Buxton v. Buxton
411 So. 2d 1273
La. Ct. App. 1st Cir. 1982
The term ‘support’ or ‘maintenance’ has been interpreted to include food, clothing, and shelter, the basic necessities of life, , (1950), as well as reasonable and necessary transportation expenses, utility expenses (such as gas and electricity), medical and drug expenses, household expenses, and income tax liability generated by the alimony payments, ” As aforementioned, no new evide
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Wilhite v. Wilhite
408 So. 2d 973
La. Ct. App. 2d Cir. 1982
(1950), the Louisiana Supreme Court drew the following clear distinction between the rights of the claimant wife under Article 148 and those under La.C.C.
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Breaux v. Domingues
407 So. 2d 1369
La. Ct. App. 3d Cir. 1981
One need not be destitute to show necessitous circumstances, , although certainly little lies between this plaintiff and destitution, in light of the present economic tenor and the state of today’s Social Security program.
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Graham v. Metzler
402 So. 2d 768
La. Ct. App. 4th Cir. 1981
329 , ; , ; George v. George, La.App., .
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Sonfield v. Deluca
385 So. 2d 232
La. 1980
(1950), this court found that an ex-wife's ownership of $20,000 in assets, composed of United States Government War Bonds and other interest bearing notes was sufficient to enable her to support herself without alimony.
- Kean v. Kean 388 So. 2d 398 La. Ct. App. 1st Cir. 1980
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Moss v. Moss
379 So. 2d 1206
La. Ct. App. 3d Cir. 1980
The term "support" or "maintenance" has been interpreted to include food, clothing, and shelter, the basic necessities of life, , (1950), as well as reasonable and necessary transportation expenses, utility expenses (such as gas and electricity), medical and drug expenses, household expenses, and income tax liability generated by the alimony payments
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Billiot v. Rivere
378 So. 2d 512
La. Ct. App. 1st Cir. 1979
In reference to these two articles of the Civil Code, , (1950): “Article 148 has for its purpose the enforcement of the husband’s obligation of support of his wife as it exists under Article 120 of the Civil Code, which continues during the pendency of a suit for separation from bed and board or for divorce and does not terminate until the marriage is dis
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In Re Succession of Ziifle
378 So. 2d 500
La. Ct. App. 4th Cir. 1979
2nd Cir. 1942), , (1950), and (La.App.
- Nelson v. Nelson 377 So. 2d 882 La. Ct. App. 1st Cir. 1979
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Sonfield v. Deluca
377 So. 2d 380
La. Ct. App. 1st Cir. 1979
160, Smith v. Smith, 1950, , , and she need not sell her home when it affords her only the reasonably necessary quarters that alimony would have to supply, Nicolle v. Nicolle, La.App.
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Laird v. Laird
363 So. 2d 244
La. Ct. App. 4th Cir. 1978
[3] Ward v. Ward, La., ; , ; Russo v. Russo, 208 La.
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Stolier v. Stolier
357 So. 2d 1334
La. Ct. App. 4th Cir. 1978
[2] Ward v. Ward, La., ; , ; Russo v. Russo, 208 La.
- Holliday v. Holliday 358 So. 2d 618 La. 1978
- Boisfontaine v. Boisfontaine 357 So. 2d 90 La. Ct. App. 4th Cir. 1978
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Loyacano v. Loyacano
358 So. 2d 304
La. 1978
(1950), and set aside the alimony award.
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Meyer v. Meyer
357 So. 2d 832
La. Ct. App. 1st Cir. 1978
(1950), which emphasized the “highly inequitable” nature of the situation after a community property settlement if the wife is permitted to retain her property while the husband is required to deplete his.
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White v. White
356 So. 2d 1023
La. Ct. App. 1st Cir. 1977
(emphasis supplied) , (1950) stated at page 35: ".
- Hyrne v. Hyrne 351 So. 2d 1244 La. Ct. App. 1st Cir. 1977
- Golson v. Golson 351 So. 2d 100 La. 1977
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Hodnett v. Hodnett
347 So. 2d 17
La. Ct. App. 1st Cir. 1977
(1950), the wife had substantial assets, including cash, or bonds, or other income producing capital, and the Supreme Court merely applied the established rule that all of the wife’s assets, as well as her income, should be considered in determining whether she has sufficient means for her support.
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LeBlanc v. Loyacano
343 So. 2d 365
La. Ct. App. 1st Cir. 1977
When Mrs. Loyacano’s circumstances are considered in the light of the discussions by the Supreme Court in Frederic v. Frederic, supra, , (1950), we are required to reverse the trial judge’s award of this item.
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Ward v. Ward
339 So. 2d 839
La. 1976
(1950); Russo v. Russo, 208 La.
- La Hood v. La Hood 340 So. 2d 624 La. Ct. App. 1st Cir. 1976
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Knight v. Knight
331 So. 2d 102
La. Ct. App. 1st Cir. 1976
(1950), the court interpreted Article 160, supra, as follows: "Article 160 makes no reference to the wife's income and takes into consideration only her means of maintenance and whether they are sufficient or not.
- Sarpy v. Sarpy 323 So. 2d 851 La. Ct. App. 4th Cir. 1976
- Phillpott v. Phillpott 321 So. 2d 797 La. Ct. App. 4th Cir. 1975
- Gautreaux v. Cormier 315 So. 2d 164 La. Ct. App. 3d Cir. 1975
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Griffin v. Griffin
316 So. 2d 870
La. Ct. App. 1st Cir. 1975
(1950) for a reduction in the alimony of the wife.
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Nicolle v. Nicolle
308 So. 2d 377
La. Ct. App. 4th Cir. 1975
along with Montz v. Montz, 253 La.
- Bryant v. Bryant 310 So. 2d 648 La. Ct. App. 1st Cir. 1975
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Cortes v. Fleming
307 So. 2d 611
La. 1974
320 , (1954); , (1950); Slagle v. Slagle, 205 La.
- Frederic v. Frederic 302 So. 2d 903 La. 1974
- Fulmer v. Fulmer 288 So. 2d 398 La. Ct. App. 4th Cir. 1974
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Kees v. Kees
292 So. 2d 307
La. Ct. App. 1st Cir. 1974
320 , ; , ; Comstock v. Bourge, 210 La.
- Thomas v. Thomas 281 So. 2d 471 La. Ct. App. 4th Cir. 1973
- Ash v. Wittenberg 278 So. 2d 921 La. Ct. App. 4th Cir. 1973
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Hargrove v. Hargrove
272 So. 2d 394
La. Ct. App. 2d Cir. 1973
(1950) and Montz v. Montz, 253 La.
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Guarisco v. Guarisco
271 So. 2d 553
La. Ct. App. 1st Cir. 1972
320 , (1954); , (1950); (La.App.
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Hope v. Hope
271 So. 2d 317
La. Ct. App. 1st Cir. 1972
138 ; , ; Wilmot v. Wilmot, 223 La.
- Fellows v. Fellows 267 So. 2d 572 La. Ct. App. 3d Cir. 1972
- Paddison v. Paddison 255 So. 2d 504 La. Ct. App. 4th Cir. 1971
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Kellogg v. Faust
254 So. 2d 304
La. Ct. App. 1st Cir. 1971
(1950): “In Smith v. Smith, supra, the court found the wife had property, all of which was acquired by her in a partition of the community, valued at approximately $20,000.