No. 4014 Precedential Processed

Guilbeau v. Latour

Louisiana Court of Appeal, First Circuit · Filed December 13, 1972 · 270 So. 2d 328

Also decided on this docket: La. Ct. App. 4th Cir., April 22, 1955 80 So. 2d 715; La. Ct. App. 1st Cir., May 20, 1931 134 So. 725; La. Ct. App. 1st Cir., June 20, 1906 3 Teiss. 496; La., May 15, 1874 26 La. Ann. 492; La. Ct. App. 4th Cir., June 1, 1970 236 So. 2d 521

Cited by

Perkins v. Perkins 388 So. 2d 475 La. Ct. App. 1st Cir. 1980
Hunsicker v. Hunsicker 385 So. 2d 347 La. Ct. App. 1st Cir. 1980
Brown v. Brown 348 So. 2d 699 La. Ct. App. 1st Cir. 1977
Nicolle v. Nicolle 308 So. 2d 377 La. Ct. App. 4th Cir. 1975
Johnson v. Johnson 293 So. 2d 213 La. Ct. App. 3d Cir. 1974

Authorities cited

Identified automatically; this list may not be exhaustive.

Latour v. Guilbeau 256 So. 2d 731
McNeill v. McNeill 223 So. 2d 709
Procell v. Procell 226 So. 2d 590

Opinion text

FRUGÉ, Judge. Plaintiff-appellee Irene Guilbeau sought to make executory $1,375 in past-due alimony in accordance with our affirmation of the trial court’s decision in Latour v. Guilbeau, 256 So.2d 731 (La.App. 3rd Cir., 1972). Defendant-appellant Wesley Latour again sought to cancel or alternatively to reduce the alimony. . We affirm the trial court’s refusal to amend the stipulated alimony (in the divorce proceeding) on finding that circumstances of the respective parties have not changed subsequent to the alimony award. Latour has failed to establish an improvement in his divorced wife’s financial condition. The material facts are these: (1) as a result of Latour’s refusal to pay alimony, she converted more of her share of the community property settlement into cash; (2) she has lost her temporary job and is unable to obtain employment; (3) she purchased a home and her notes are substantially more than the rent she was paying at the time of the last hearing; and (4) she is ill and the medical expenses for her and her child are substantial. To change alimony awarded in the divorce judgment, the prime factor is evidence of change of circumstances. McNeill v. McNeill, 223 So.2d 709 (La.App. 4th Cir., 1969). An award of alimony is within the sound discretion of the trial court and will not be disturbed on appeal absent a clear showing of abuse of discretion. Procell v. Procell, 226 So.2d 590, 591 (La.App. 2nd Cir., 1969). We find no abuse in this case. The judgment of the trial court is affirmed. Costs are assessed to defendant-appellant. Affirmed.