Cited by
Opinions in Louisiana that cite Bernhardt v. Bernhardt, 283 So. 2d 226.
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Johnson v. Johnson
357 So. 2d 69
La. Ct. App. 4th Cir. 1978
which held that a consent judgment of alimony is not subject to reduction unless a change of circumstances supporting reduction is proved.
- Boisfontaine v. Boisfontaine 357 So. 2d 90 La. Ct. App. 4th Cir. 1978
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Blaine v. Smith
357 So. 2d 1380
La. Ct. App. 1st Cir. 1978
Bernhardt v. Bernhardt, La.1973, , rules that alimony fixed by consent may not be modified in the absence of a change in circumstances.
- Loyacano v. Loyacano 358 So. 2d 304 La. 1978
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Willis v. Willis
355 So. 2d 999
La. Ct. App. 4th Cir. 1978
the court held that, even if the C.C.
- Distinguished White v. White 356 So. 2d 1023 La. Ct. App. 1st Cir. 1977
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Tablada v. Tablada
356 So. 2d 1031
La. Ct. App. 1st Cir. 1977
See Bernhardt v. Bernhardt, La., (1973).
- Halcomb v. Halcomb 352 So. 2d 1013 La. 1977
- Mancuso v. Mancuso 352 So. 2d 359 La. Ct. App. 4th Cir. 1977
- Vanier v. Vanier 344 So. 2d 1077 La. Ct. App. 3d Cir. 1977
- Meyers v. Meyers 344 So. 2d 451 La. Ct. App. 2d Cir. 1977
- Powell v. Powell 344 So. 2d 453 La. Ct. App. 1st Cir. 1977
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Wilson v. Wilson
342 So. 2d 1159
La. Ct. App. 1st Cir. 1977
The Supreme Court has also said that “maintenance” under Article 160, “while meaning primarily food, clothing and shelter, does include such items as reasonable and necessary transportation or automobile expenses, medical and drug expenses, utilities, household expenses, and the income tax liability generated by the alimony payments made to the former wife.”
- Trahan v. Trahan 340 So. 2d 676 La. Ct. App. 4th Cir. 1976
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Ward v. Ward
339 So. 2d 839
La. 1976
Frederic v. Frederic, La., (1974); Bernhardt v. Bernhardt, La., (1973); Hays v. Hays, 240 La.
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Hartley v. Hartley
336 So. 2d 291
La. Ct. App. 1st Cir. 1976
Because of the fact that the daughter is of the full age of majority, the wife is not the proper plaintiff to prosecute an action for her support
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Daigle v. Daigle
339 So. 2d 1266
La. Ct. App. 1st Cir. 1976
However, the Court recognized that: “Common sense dictates that the term ‘maintenance’, while meaning primarily food, clothing and shelter, does include such items as reasonable and necessary transportation or automobile expenses, medical and drug expenses, utilities, household expenses, and the income tax liability
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Ducote v. Ducote
339 So. 2d 835
La. 1976
In Bernhardt v. Bernhardt, La., (1973), this Court outlined the parameters of the term "maintenance."
- Cole v. Cole 338 So. 2d 152 La. Ct. App. 2d Cir. 1976
- Woods v. Woods 338 So. 2d 178 La. Ct. App. 2d Cir. 1976
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Delchamps v. Clark
336 So. 2d 946
La. Ct. App. 1st Cir. 1976
The correctness of the original fixing is not before us: however low it appear, Bernhardt v. Bernhardt, La.1973, , obliges us to consider only changes in circumstances occurring since the prior fixing.
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Ward v. Ward
332 So. 2d 868
La. Ct. App. 4th Cir. 1976
[7] Frederic v. Frederic, La., ; Bernhardt v. Bernhardt, La., ; Hays v. Hays, 240 La.
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Favrot v. Barnes
332 So. 2d 873
La. Ct. App. 4th Cir. 1976
We are opposed to either affirming or reversing the grant of alimony under the circumstances, in view of the rule that a change in circumstances must ordinarily be shown in order to change an alimony fixing, Bernhardt v. Bernhardt, La.1973, .
- Ducote v. Ducote 331 So. 2d 133 La. Ct. App. 3d Cir. 1976
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Crum v. Crum
330 So. 2d 925
La. Ct. App. 1st Cir. 1976
Bernhardt v. Bernhardt, La., (1973); , (La.App.
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Ransonet v. Ransonet
326 So. 2d 509
La. Ct. App. 1st Cir. 1976
The wife has appealed from the reduction, contending that there was no change in circumstances between the initial judgment, August 8, 1975, and the filing of the rule to decrease the payments three weeks later on August 27, 1975
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Jordan v. Staples
325 So. 2d 629
La. Ct. App. 1st Cir. 1976
” Under the facts contained in this record, we find no justification for increasing the award, and accordingly, we reduce the amount awarded to its original sum, that is $750.00 per month.
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Kent v. Kent
323 So. 2d 817
La. Ct. App. 1st Cir. 1975
art. 160 is based primarily on needs for food, clothing and shelter, but also includes *819 “such items as reasonable and necessary transportation or automobile expenses, medical and drug expenses, utilities, household expenses, and the income tax liability generated by the alimony payments made to the former wife.” Bernhardt v. Bernhardt, La., (1973).
- Miller v. Miller 321 So. 2d 318 La. 1975
- Ferrara v. Ferrara 320 So. 2d 287 La. Ct. App. 1st Cir. 1975
- Fisher v. Fisher 320 So. 2d 326 La. Ct. App. 3d Cir. 1975
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Swider v. Swider
314 So. 2d 372
La. Ct. App. 4th Cir. 1975
When alimony has been fixed by consent judgment, a change in amount can only be obtained by showing a subsequent change in circumstances; Bernhardt v. Bernhardt, La.1973, .
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Perry v. Perry
319 So. 2d 479
La. Ct. App. 1st Cir. 1975
the Supreme Court defined “maintenance” to be much broader than merely food, clothing and shelter and gave this term a more realistic meaning to include the reasonable living and household expenses of the wife claiming alimony under Article 160.
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Mendoza v. Mendoza
310 So. 2d 154
La. Ct. App. 4th Cir. 1975
art. 160's "support" includes more than food, clothing and shelter, Bernhardt v. Bernhardt, La.1973, , but not reeducation for another career of a person already educated for one career.
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O'Brien v. O'Brien
308 So. 2d 333
La. Ct. App. 1st Cir. 1975
In Bernhardt v. Bernhardt, La., , the Court held that a "consent" alimony decree in a judgment of divorce evidenced the fact that the wife was free from fault in that her insufficient means of support were proven to the satisfaction of the Court rendering the judgment.
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Distinguished
Hastings v. Dinning
308 So. 2d 451
La. Ct. App. 3d Cir. 1975
We distinguished Bernhardt v. Bernhardt, La., (1973), which is relied on by defendant, on the grounds that Bernhardt held only that the mother has no right of action to sue for child support which becomes due after the child reaches the age of majority.
- Gennaro v. Gennaro 306 So. 2d 756 La. Ct. App. 4th Cir. 1975
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Bryant v. Bryant
310 So. 2d 648
La. Ct. App. 1st Cir. 1975
The word "maintenance" as follows: "...
- Vignes v. Vignes 311 So. 2d 615 La. Ct. App. 1st Cir. 1975
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Naughton v. Naughton
304 So. 2d 679
La. Ct. App. 4th Cir. 1974
1973, (so construing C.C.
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Hughes v. Hughes
303 So. 2d 766
La. Ct. App. 1st Cir. 1974
said that as permanent alimony, a divorced wife is entitled to "maintenance."
- Vetter v. Vetter 299 So. 2d 899 La. Ct. App. 2d Cir. 1974
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Manuel v. Broderson
298 So. 2d 333
La. Ct. App. 3d Cir. 1974
The husband relies first on the rule that a wife, demanding an increase in child support previously awarded, must prove a change in either the needs of the child or the income of the father, and that this applies even though the initial support decree was by consent of the parties, Bernhardt v. Bernhardt, La., (1973).
- Chandler v. Chandler 297 So. 2d 257 La. Ct. App. 1st Cir. 1974
- Laiche v. Laiche 289 So. 2d 277 La. Ct. App. 1st Cir. 1974
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Burks v. Burks
293 So. 2d 923
La. Ct. App. 2d Cir. 1974
See Louisiana Civil Code Article 37; Bernhardt v. Bernhardt (La.1973) ; Jackson v. Jackson (La.App.
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Williams v. Williams
294 So. 2d 916
La. Ct. App. 1st Cir. 1974
“This alimony shall be revoked if it becomes unnecessary, and terminates if the wife remarries.” ohr Supreme Court discussed LSA-C.C.
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Newman v. Newman
293 So. 2d 565
La. Ct. App. 1st Cir. 1974
After the district judge decided the present case
- Griffith v. Griffith 286 So. 2d 671 La. Ct. App. 4th Cir. 1974
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Eaglin v. Eaglin
306 So. 2d 375
La. Ct. App. 3d Cir. 1974
Article 227, ceases when the child reaches the age of majority, Bernhardt v. Bernhardt, La., (1973); (La.App.