Cited by
Opinions in Louisiana that cite Pisciotto v. Crucia, 71 So. 2d 226.
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Marilyn Williams Hedlesky v. Steven Hedlesky
La. Ct. App. 3d Cir. 2015
So.2d 226 (1954); Gehrkin v. Gehrkin, 216 La.
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Hedlesky v. Hedlesky
166 So. 3d 1221
La. Ct. App. 1st Cir. 2015
(1954); Gehrkin v. Gehrkin, 216 La.
- Weldon v. Weldon 737 So. 2d 812 La. Ct. App. 3d Cir. 1999
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Hawkins v. Hawkins
592 So. 2d 843
La. Ct. App. 3d Cir. 1991
The law applicable to this issue is found in a , (1954), in which the wife sued her former husband for past due alimony to which she was entitled pursuant to a divorce judgment.
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Robinson v. Robinson
561 So. 2d 966
La. Ct. App. 4th Cir. 1990
(1954) our Supreme Court, citing Civil Code Article 232, [3] held that "a discharge from the obligation to pay [alimony] may be granted only ...
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Hogan v. Hogan
549 So. 2d 267
La. 1989
(1954); Sampognaro v. Sampognaro, 222 La.
- Rhodes v. Rhodes 544 So. 2d 8 La. Ct. App. 1st Cir. 1989
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Guidry v. Guidry
535 So. 2d 1272
La. Ct. App. 1st Cir. 1988
(1954); Gehrkin v. Gehrkin, 216 La.
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McDonald v. McDonald
520 So. 2d 1114
La. Ct. App. 3d Cir. 1987
The law applicable to issues of this nature can be found in a
- Cabaniss v. Courrege 482 So. 2d 655 La. Ct. App. 1st Cir. 1985
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Clooney v. Clooney
446 So. 2d 981
La. Ct. App. 3d Cir. 1984
862 , (1954); Sampognaro v. Sampognaro, 222 La.
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Bagby v. Dillon
434 So. 2d 654
La. Ct. App. 3d Cir. 1983
This Court in Halcomb and earlier in Pisciotto [v. Crucia, , ] engrafted a jurisprudential rule onto the alimony statutes to the effect that absent a lawsuit to alter an alimony decree the plaintiff in a rule for arrearages would be entitled to the full amount under the prior judgment up to three years prior to the rule.1" *661 Based on the above quoted language
- Meche v. Meche 430 So. 2d 328 La. Ct. App. 1st Cir. 1983
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Johnson v. Johnson
430 So. 2d 223
La. Ct. App. 1st Cir. 1983
(1954); Gehrkin v. Gehrkin, 215 La.
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McManus v. McManus
428 So. 2d 854
La. Ct. App. 1st Cir. 1983
1st Cir.1979); , Sampognaro v. Sampognaro, 222 La.
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McGovern v. Tatman
410 So. 2d 779
La. Ct. App. 1st Cir. 1982
“ , (1954), the question was answered as follows: ‘The jurisprudence is well settled that a judgment for alimony, as to the amount that has become past due, is the property of him in whose favor it has been given, and is protected against alteration or annulment except by the method and for the causes presc
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Hendershot v. Hendershot
407 So. 2d 93
La. Ct. App. 2d Cir. 1981
(1954); Sampognaro v. Sampognaro, 222 La.
- Lachney v. Lachney 399 So. 2d 731 La. Ct. App. 3d Cir. 1981
- Moore v. Braddock 391 So. 2d 908 La. Ct. App. 2d Cir. 1980
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Dauzat v. Dauzat
391 So. 2d 60
La. Ct. App. 3d Cir. 1980
(1954) the court held with regard to alimony ordered for support of the wife and children: "...
- Marshall v. Marshall 390 So. 2d 1365 La. Ct. App. 4th Cir. 1980
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Dubroc v. Dubroc
388 So. 2d 377
La. 1980
(1954); Gehrkin v. Gehrkin, 216 La.
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Morasco v. Metcalf
381 So. 2d 901
La. Ct. App. 3d Cir. 1980
Appellee in the instant case, Herbert E. Metcalf, , (1954).
- Blankenship v. Blankenship 382 So. 2d 982 La. Ct. App. 1st Cir. 1980
- Bordelon v. Bordelon 380 So. 2d 110 La. Ct. App. 1st Cir. 1979
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Sizeler v. Sizeler
375 So. 2d 122
La. Ct. App. 4th Cir. 1979
(1954), stated that the jurisprudence is well settled that a judgment for alimony is in the nature of property and is protected against alteration or annulment ".
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Seifert v. Seifert
374 So. 2d 157
La. Ct. App. 1st Cir. 1979
(1954); Sampognaro v. Sampognaro, 222 La.
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Thompson v. Courville
372 So. 2d 579
La. Ct. App. 3d Cir. 1979
art. 3945; , (1954); (La.
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Vernon v. Leger
363 So. 2d 1338
La. Ct. App. 1st Cir. 1978
a child support case, the Louisiana Supreme Court, , (1954), stated: “ ‘The jurisprudence is well settled that a judgment for alimony, as to the amount that has become past due, is the property of him in whose favor it has been given, and is protected against alteration or annulment except by the method and for the causes prescribed by law, Louisiana Code
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Wisdom v. Wisdom
356 So. 2d 1111
La. Ct. App. 2d Cir. 1978
(1954); Sampognaro v. Sampognaro, 222 La.
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Wollman v. GRAVAL
355 So. 2d 1057
La. Ct. App. 1st Cir. 1978
Art. 3945; , (1954); (La.App.
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Graval v. Graval
355 So. 2d 1057
La. Ct. App. 4th Cir. 1978
Art. 3945; , (1954); (La.App.
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Halcomb v. Halcomb
352 So. 2d 1013
La. 1977
(1954), the question was answered as follows: "The jurisprudence is well settled that a judgment for alimony, as to the amount that has become past due, is the property of him in whose favor it has been given, and is protected against alteration or annulment except by the method and for the causes presc
- Halcomb v. Halcomb 343 So. 2d 1183 La. Ct. App. 3d Cir. 1977
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Siepman v. Hotz
346 So. 2d 326
La. Ct. App. 1st Cir. 1977
(1954); Sampognaro v. Sampognaro, 222 La.
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Hughes v. Whitehead
329 So. 2d 775
La. Ct. App. 1st Cir. 1976
Moreover, , , this court held that the right to receive back alimony in a lump sum is not waived by the divorced wife’s failure to make periodic demands on her former husband.
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Whitt v. Vauthier
316 So. 2d 202
La. Ct. App. 4th Cir. 1975
art. 3945; , (1954); (La.App.
- Wallace v. Wallace 316 So. 2d 496 La. Ct. App. 2d Cir. 1975
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Collette v. Olivier
309 So. 2d 894
La. Ct. App. 3d Cir. 1975
art. 3945; , (1954); (La.App.
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Mertens v. Mertens
308 So. 2d 506
La. Ct. App. 3d Cir. 1975
art. 3945; , (1954); (La.App.
- Miller v. Miller 308 So. 2d 379 La. Ct. App. 1st Cir. 1975
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Theriot v. Melancon
311 So. 2d 578
La. Ct. App. 3d Cir. 1975
art. 3945; , (1954); (La.App.
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Cortes v. Fleming
307 So. 2d 611
La. 1974
(1954); Wainwright v. Wainwright, 217 La.
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McConnell v. Theriot
295 So. 2d 60
La. Ct. App. 4th Cir. 1974
App. 3rd Cir. 1964); , ; and Sampognaro v. Sampognaro, 222 La.
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Vinson v. Vinson
292 So. 2d 763
La. Ct. App. 4th Cir. 1974
Appellant contends the trial judge erred, citing two jurisprudential rules to support her position, namely (1) once alimony payments accrue, they acquire the status of a property right of which the adjudicatee may not be divested ( , [1954]); and (2) an alimony award remains in full force and effect until the judgment debtor applies to the court for and receives a modification.
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Simon v. Calvert
289 So. 2d 567
La. Ct. App. 3d Cir. 1974
art. 3945; , (1954); (La.App.
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Eaglin v. Eaglin
306 So. 2d 375
La. Ct. App. 3d Cir. 1974
Our jurisprudence has established a firm rule that a judgment for child support remains in full effect in favor of the party to whom it is awarded, until the party held liable applies to the court and obtains a modification, , (1954); (La.App.
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Odum v. Odum
273 So. 2d 576
La. Ct. App. 1st Cir. 1973
As authority for the above position, the trial judge cited Rodriguez v. Rodriguez, La.App., ; Van Morkhoven v. Kleiner, La.App., ; Elchinger v. Elchinger, La.App., ; Dupuis v. Patin, La.App., ; Dunham v. Dunham, La.App., ; , 71 So.
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Duplechan v. Duplechan
270 So. 2d 264
La. Ct. App. 3d Cir. 1972
Sampognaro v. Sampognaro, 222 La.
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Adams v. Adams
243 So. 2d 318
La. Ct. App. 4th Cir. 1971
Williams v. Williams, 211 La.