Salvador Coscarart v. Gina Louise Beaugh Coscarart

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

15-794

SALVADOR COSCARART

VERSUS

GINA LOUISE BEAUGH COSCARART

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APPEAL FROM THE
TWENTY-SEVENTH JUDICIAL DISTRICT COURT
PARISH OF ST. LANDRY, NO. 08-C-0208-B
HONORABLE ADAM GERARD CASWELL, DISTRICT JUDGE

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JOHN D. SAUNDERS
JUDGE

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Court composed of John D. Saunders, Elizabeth A. Pickett, and John E. Conery,
Judges.

REHEARING GRANTED; AFFIRMED AS AMENDED.

Jack Derrick Miller
Attorney at Law
P. O. Box 1650
Crowley, LA 70526
(337) 788-0768
COUNSEL FOR DEFENDANT/APPELLANT:
Gina Louise Beaugh Coscarart

Randall M. Guidry
Durio, McGoffin, Stagg & Ackerman
PO Box 51308
Lafayette, LA 70505
(337) 233-0300
COUNSEL FOR PLAINTIFF/APPELLEE:
Salvador Coscarart

Nicole B. Breaux
Attorney at Law
415 N. Parkerson Ave.
Crowley, LA 70527-1650
(337) 783-0888
COUNSEL FOR DEFENDANT/APPELLANT:
Gina Louise Beaugh Coscarart

SAUNDERS, Judge.

Gina Coscarart (“Gina”) appealed from the judgment of the trial court that

increased the amount of final spousal support to be paid by her former husband,

Salvador Coscarart (“Sal”). We amended the judgment of the trial court to further

increase the award of support and affirmed as amended. In her application for

rehearing, Gina asserts we erred in our calculation of the support award. We agree

and grant the rehearing in this case for the limited purpose of correcting a simple

error of calculation in increasing the amount of final spousal support to be paid by

Sal.

In our original opinion, we found Sal’s gross monthly income to be

$9,152.52 per month. After consideration of his payroll deductions and

substantiated expenses, we found his net income to be $6,763.61 per month and his

disposable income to be $4,710.86, per month. The parties stipulated that Gina had

a monthly income of $478.00 and monthly expenses of $3,340.71; her expenses

exceeded her income by $2,862.71 per month. Thus, we amended the judgment of

the trial court to require Sal to pay Gina final periodic spousal support in the

amount of $1,570.29 per month, which was one-third of his monthly disposable

income. However, the award should have been calculated on his net income.

La.Civ.Code art. 112. Thus, we amend our original opinion to require Sal to pay

Gina $2,254.54 per month in final spousal support, which is one-third of his net

income of $6,763.61.

Decree

For the foregoing reasons, we amend our original opinion to correct our

error calculating the award of support to Gina. Costs of this rehearing are assessed

to Appellee, Salvador Coscarart. All other aspects of our original judgment are

affirmed.

REHEARING GRANTED; AFFIRMED AS AMENDED.

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