COURT OF APPEAL
FIRST CIRCUIT
2025 CA 0494
AARON ALBIN
VERSUS
ALICEN ALBIN
C/ W
2025 CA 0495
T ALICEN ALBIN
Judgment Rendered:
Appealed from the 21st Judicial District Court In and for the Parish of Livingston State of Louisiana Docket Nos. 180196 c/ w 180203
The Honorable Jeffery T. Oglesbee, Judge Presiding 7tf f 7C 7C : ti
Sherman Q. Mack Counsel for Plaintiff/Appellant, C. Glenn Westmoreland Aaron Albin Celeste Shields Albany, Louisiana
Brian J. Prendergast Counsel for Defendant/Appellee, Baton Rouge, Louisiana Alicen Albin
BEFORE: MILLER, EDWARDS, AND FIELDS, JJ. MILLER, J.
This matter is before us on appeal by Aaron Albin from a judgment setting an award of child support. For the reasons that follow, we affirm.
Aaron Albin and Alicen Albin were married on March 15, 2015, and two
children were born of their marriage. Aaron and Alicen physically separated on
September 7, 2023, and each filed for divorce on October 12, 2023. The matters
were subsequently consolidated by the trial court. Following their separation,
Alicen retained primary physical custody of the minor children. In her petition for
divorce, among other things, Alicen requested that she be awarded an order of
support for the minor children and that the parties pay their pro rata share of health
insurance expenses as well as education and extracurricular expenses for the minor
children.'
On May 22, 2024, the trial court conducted a hearing to set the child support obligation. Aaron testified that he had not provided Alicen with any monetary support for their minor children since the parties separated and that he was
currently unable to work. Aaron testified that he was previously employed in the field of industrial maintenance and that his earnings were approximately
139, 700. 00 in 2019; $ 110, 000.00 in 2020; $ 118, 000. 00 in 2021; and $ 100, 000. 00
in 2022. He stated he was most recently employed by Brown and Root, but that he was " laid off' on March 6, 2023. 2 Aaron testified that in 2020 he was being
treated for a degenerative disc disease by Dr. Eric Oberlander, a spinal surgeon at
The NeuroMedical Center, who, according to Aaron, recommended that he would
eventually require a four -level cervical disc fusion. Aaron stated that he did not
On December 18, 2023, the trial court signed an interim judgment providing Aaron with supervised visitation of the minor children and for incidental matters.
2Aaron introduced no documentary evidence establishing that he was laid off from Brown and Root or providing the reason for same. have the surgery at the time because he was afraid it would interrupt his income
stream and interfere with his family life. Aaron stated that in January of 2024, he
saw his pain management physician, Dr. Sean Graham, at The Spine Diagnostic
and Pain Treatment Center, and reported that his condition was progressively
getting worse. Dr. Graham placed certain physical restrictions on him, including
restrictions from overhead work, standing for long periods of time, cervical
extension of the neck, and lifting over 25 pounds, which Aaron contended
prevented him from obtaining employment in the field of industrial maintenance.
Aaron testified that he filed an application for social security disability
benefits in February of 2024, which was pending at the time of the hearing. Aaron
introduced a copy of his application for disability benefits at the hearing wherein
he reported that his condition became severe enough to keep him from working on
March 7, 2023, and his disability began on April 3, 2023. 3 Aaron stated that he has
not applied for any jobs recently and does not plan on returning to work until a
determination is made on his application for disability benefits. Aaron denied
having any monthly income, testified that he lived rent-free in a home owned by his father, that his father paid for all of his expenses, that his father and
grandmother gave him cash every two weeks, and that his mother gave him
250.00 per month for groceries. Aaron conceded, however, that in 2023 he
earned $ 14, 400. 00 from his employment with Brown and Root before he was laid
off, and thereafter, he performed work " flipping" houses and restoring residential
and commercial properties owned by his father. He further testified that he had
received a " small inheritance" from his uncle following the death of his
grandmother and that he " liquidated" his crypto account worth $ 76,000. 00 at the
time it was liquidated.
3N documentary evidence was introduced by Aaron to establish his income, expenses, or attempts to find employment within his imposed physical restrictions. Alicen testified that she has been the primary caregiver for their children
since she and Aaron physically separated on September 7, 2023. Alicen has been
employed as a realtor for ten years. Alicen testified that Aaron had two job
interviews after he was laid off, but he told her that he felt they were not a good fit.
Alicen testified that Aaron had ongoing neck issues during the length of their
marriage but that his neck condition did not render him unable to work. She stated
that his condition " wasn' t a disability until it needed to be a disability." Alicen
testified that she and Aaron invested in a house " flipping" project that he worked
on after he was laid off in 2023 from which they each profited approximately 30, 000. 00. Alicen introduced photographs of Aaron performing manual labor on
the project in June of 2023 after the date that he reportedly became disabled. She
further testified that their children reported that Aaron frequently rode motorcycles
and dirt bikes and that she had photographs and video of Aaron riding dirt bikes after the date he claimed he became disabled. Alicen testified that on March 1,
2024, Aaron, his father, and brother sold seven residential lots and that Aaron
profited from the sale of two of the lots. She further stated that Aaron' s
76,000. 00 crypto account, if he still had it, would have profited $ 164, 000. 00 from
a one -day spike.
Alicen prepared and introduced a Gross Income spreadsheet based on a four-
year average of their gross income from federal income tax returns for the years
2019 through 2022, which showed that Aaron' s average annual income was
115, 452. 00 and average monthly earnings were $ 9, 621. 00 and that her annual
gross earnings were $ 66, 752. 00 and her average monthly gross income was 5, 562. 00. Alicen also introduced a child support worksheet from the Department
of Children and Family Services, which utilized a three- year average of their gross
income from tax returns for the years 2020, 2021, and 2022. The worksheet
showed that Aaron' s gross income was $ 107, 365. 00 annually and $ 8, 947. 00
M monthly. It further showed that Alicen' s gross income was $ 66,220. 00 annually
and $ 5, 518. 00 monthly. Based on these figures, Aaron' s monthly child support
obligation for the two minor children was calculated at $ 1, 904. 11. The Gross
Income spreadsheet and child support worksheet were introduced without
objection.
At the conclusion of the hearing the trial court issued oral reasons, wherein it
acknowledged that it had reviewed Aaron' s disability application and was aware
that Aaron' s physician had placed him on certain work restrictions. However, the
trial court noted that Aaron' s physician did not prohibit him from seeking
employment within the imposed physical restrictions. The trial court noted that
after reviewing documents outlining " some of [Aaron' s] daily activities[,]" it did
not find that he was " totally unemployable." The trial court thus determined that
because Aaron was not prohibited from seeking employment within his imposed
restrictions, Aaron was underemployed and subject to an imputation of income.
The trial court recognized that it could not impute Aaron' s prior income of over
100, 000. 00 a year because there was evidence that he was no longer able to do
that job. However, the trial court recognized that Aaron earned income flipping
houses and determined that he could perform some type of employment.
Thereafter, the trial court signed a judgment on August 21, 2024, ordering:
1) that Aaron is capable of earning a gross income of $5, 500. 00 per month; that
Alicen' s gross income is projected to be $ 5, 500. 00 per month; and that Aaron shall
pay Alicen child support in the amount of $979. 50 per month for the two minor
children, with payments to commence June 1, 2024; ( 2) that Aaron' s child support
obligation is retroactive to the date of judicial demand, deferring the allocation of
any credit to a later date; and ( 3) ordering that Aaron and Alicen each pay 50% of
the health insurance premium and any extraordinary medical/dental/visionldaycare expenses for the minor children. Aaron filed a motion for new trial, which was
5 heard on October 4, 2024, and denied.4 On November 26, 2024, the trial court
signed a judgment denying the motion for new trial.
Aaron now appeals' contending that the trial court: ( 1) abused its discretion
in imputing a gross monthly income of $5, 500. 00 to Aaron; ( 2) failed to articulate
sufficient reasons for imputing income; ( 3) erred in finding that Aaron was
voluntarily underemployed; and ( 4) erred in relying on expense -sharing benefits
pursuant to La. R.S. 9: 315( d)( 5)( c).
LEGAL PRECEPTS
The guidelines for the determination of child support obligations are set
forth in La. R.S. 9: 315, et seq., and base the obligation on the combined adjusted
monthly gross income of the parents. St. Philip v. Montalbano, 2016- 0254 ( La.
App. 1st Cir. 10/ 31/ 16), 206 So. 3d 909, 912, writ denied, 2016- 2110 ( La. 1/ 13/ 17),
215 So. 3d 255. Generally, the trial court' s order of child support is afforded great
weight and will not be disturbed on appeal absent a clear abuse of discretion. Bell
v. Jackson, 2018- 1075 ( La. App. 1st Cir. 5/ 31/ 19), 278 So. 3d 382, 386; Millican v.
Wade, 2023- 1050 ( La. App. 1st Cir. 2/ 23/ 24), 384 So. 3d 1011, 1015. However, a
4The trial court then heard Alicen' s motion to compel and rules for contempt filed by Alicen and Aaron, which were also set for hearing on October 4, 2024. A judgment of divorce was ultimately signed by the trial court on October 30, 2024.
5Aaron' s motion for appeal references the trial court' s November 26, 2024 judgment denying his motion for new trial. While a judgment denying a motion for new trial is an interlocutory order and is generally not appealable, when a motion for appeal refers by date to the judgment denying a motion for new trial, but the circumstances indicate that the appellant actually intended to appeal from the final judgment on the merits, the appeal should be maintained as being taken from the judgment on the merits. See La. C. C. P. art. 2083( C); State v. Titus, 2018- 1511 ( La. App. 1St Cir. 2/ 28/ 19), 274 So. 3d 591, 597 n.6. It is clear from Aaron' s assignments of error in his brief that he intended to appeal the August 21, 2024 judgment on the merits of the rule to set child support. Accordingly, this court will consider this appeal to be an appeal of the August 21, 2024 judgment on the merits even though the notice of appeal only refers to the judgment denying the motion for new trial. See Cregg v. Board of Supervisors of Louisiana State University & Agricultural & Mechanical College, 2023- 0127 ( La. App. 1St Cir. 3/ 1/ 24), 385 So. 3d 280, 286, writ denied, 2024- 00409 ( La. 6/ 5/ 24), 385 So. 3d 1158; State v. Titus, 274 So. 3d at 597 n.6. We further note that the evidence introduced on October 4, 2024, in support of Alicen' s motion to compel and Alicen' s and Aaron' s rules for contempt, as well as the evidence introduced at a subsequent hearing on December 11, 2024, was lodged with this record on appeal. However, the only evidence we will consider in the instant appeal of the August 21, 2024 judgment is the evidence introduced at the May 22, 2024 hearing on the rule to set child support.
2 trial court' s factual conclusions regarding financial matters underlying a child
support award, determination of the monthly gross income of a parent, and the
parents' credibility is subject to a manifest error standard of review. Bell, 278 So.
3d at 385; Millican, 384 So. 3d at 1015.
In calculating a basic child support obligation, each party shall provide to the
court a verified income statement showing gross income and adjusted gross
income, together with documentation of current and past earnings. La. R.S.
9: 315. 2( A).6
Gross income" means income from any source, including but not limited to
salaries, wages, commissions, bonuses, dividends, severance pay, pensions,
interest, trust income, recurring monetary gifts, annuities, capital gains, social
security benefits, workers' compensation benefits, basic and variable allowances
for housing and subsistence from military pay and benefits, unemployment
insurance benefits, and disability insurance benefits. La. R.S. 9: 315( C)( 3)( a).
Expense reimbursement or in-kind payments received by a parent in the course of
employment, self-employment, or operation of a business, if the reimbursements or
payments are significant and reduce the parent' s personal living expenses, are also
considered gross income. Such payments include but are not limited to a company
car, free housing, or reimbursed meals. La. R.S. 9: 315( C)( 3)( b). Moreover, gross
income includes gross receipts minus ordinary and necessary expenses required to produce income, for purposes of income from self-employment, rent, royalties,
proprietorship of a business, or joint ownership or a partnership or closely held corporation. La. R.S. 9: 315( C)( 3)( c).
Adjusted gross income" means gross income less amounts owed for
preexisting child or spousal support obligations pursuant to a court order and,
6A previously noted, Aaron provided no information concerning his income.
7 subject to the court' s discretion, amounts paid on behalf of a party' s minor child,
who is not the subject of the action of the court. La. R.S. 9: 315( 0).
Income" includes the potential income of a voluntarily unemployed or
underemployed party. La. R.S. 9: 315( C)( 5)( b).
DISCUSSION'
Finding of Voluntary Underemployment
We first address Aaron' s contention that the trial court erred in finding that
he was voluntarily underemployed.
Generally, the obligation a parent owes to support their children is based on
his or her gross income. See La. R.S. 9: 315. 2( A). However, if a party is
voluntarily unemployed or underemployed, child support shall be calculated based
on a determination of the party' s income earning potential (rather than actual gross
income). La. R.S. 9: 315. 11( A)( 1);' see also La. R.S. 9: 315( C)( 5)( b); Kott v. Kott,
2020- 0873 ( La. App. 1st Cir. 4/ 16/ 21), 324 So. 3d 165, 174. In determining
whether to impute income to a party, the court' s considerations shall include, to the
extent known, all of the following:
a) Assets owned or held by the party.
b) Residence.
c) Employment and earnings history.
d) Job skills.
e) Educational attainment.
f) Literacy.
Following the lodging of this appeal, Alicen filed a motion to supplement the appellate record with a spreadsheet captioned " Gross Income," which was introduced at the May 22, 2024 hearing, but was missing from the appellate record. We granted the motion. Alicen subsequently filed a second motion to supplement the appellate record with "[ a] ll pleadings, evidence, and minutes entries filed into trial court docket number 180, 151, including but not limited to, [ Alicen' s] January 9, 2024 motion to compel." This motion was denied as such request is more properly directed to the district court.
Louisiana Revised Statutes 9: 315. 11( A)( 1) provides exceptions if the party is physically or mentally incapacitated or is caring for a child of the parties under the age of five. g) Age and health.
h) Criminal record and other employment barriers.
i) Record of seeking work.
0) The local job market.
k) The availability of employers willing to hire the noncustodial parent.
1) Prevailing earnings level in the local community.
m) Other relevant background factors in the case.
La. R. S. 9: 315. 11( A)( 1).
A party shall not be deemed voluntarily unemployed or underemployed if he
or she is absolutely unemployable or incapable of being employed, or if the
unemployment or underemployment results through no fault or neglect of the
party. La. R.S. 9: 315( C)( 5)( b). The party alleging the other is underemployed has
the burden of proving such underemployment. Triche v. Triche, 24- 270 ( La. App.
Stn Cir. 2/ 26/ 25), 406 So. 3d 1205, 1209, writ denied, 2025- 00401 ( La. 6/ 25/ 25),
412 So. 3d 222.
Voluntary unemployment or underemployment for purposes of calculating child support is a question of good faith on the obligor -spouse. Romanowski v.
Romanowski, 2003- 0124 ( La. App. 1st Cir. 2/ 23/ 04), 873 So. 2d 656, 660.
Generally, where a parent' s voluntary unemployment or underemployment was found to be in good faith, courts have recognized extenuating circumstances beyond that parent' s control, which influenced or necessitated the voluntary change in employment. Kott, 324 So. 3d at 174. The factual determination of
whether a party is in good faith in ending or reducing his income will not be disturbed in the absence of manifest error. Lowe v. Bacon, 2018- 1549 ( La. App.
1st Cir. 2/ 28/ 18), 2019 WL 1007105, * 2 ( unpublished).
The parties do not dispute that Aaron suffered from a degenerative neck
condition for which he sought treatment for years. Yet, in spite of this condition, Alicen offered evidence that over the course of these years, Aaron was able to
maintain full-time employment in the industrial maintenance field, perform work
flipping" houses, and renovating residential and commercial properties. He was
able to ride motorcycles and dirt bikes even after the time that he indicated he
became disabled on his application for disability benefits.
Aaron did not disclose the reason he was " laid off." Aaron applied for and
received unemployment benefits for three weeks after he was first laid off.
However, he was unable to attend job fairs as required to maintain the benefits
because he was busy flipping houses. Aaron failed to produce any evidence that he
had attempted to find employment within his physical restrictions even though his
disability application indicated that he was capable of performing light duty work.
Moreover, Aaron failed to introduce any evidence to establish how his condition
limits his work capabilities. In fact, Aaron candidly admitted that he had no
intention of seeking any employment until there was a ruling on his disability application.
After reviewing the evidence and listening to the testimony of the parties,
the trial court determined that "[ j]ust because [ Aaron] can' t do certain things
doesn' t mean [ he' s] totally unemployable. It just means that [ he] may have to seek
some other type of employment." The trial court' s factual findings regarding
Aaron' s employability were based heavily on credibility determinations. Thus, the
manifest error standard demands that we accord great deference to the trial court.
See Kott, 324 So. 3d at 175. Considering the evidence, and applying the
considerations set forth in La. R.S. 9: 315. 11 to the extent they are known, we
cannot say the trial court was manifestly erroneous in finding that Aaron is
voluntarily underemployed. See State, Dept. of Social Services v. Swords, 2008-
0580 ( La. App. 3rd Cir. 11/ 5/ 08), 996 So. 2d 1267, 1271.
This assignment lacks merit.
10 Imputation of Income
Aaron next contends that the trial court erred in imputing a gross monthly
income of $5, 500. 00 to him. In support, Aaron argues that the " record contains
insufficient evidence" to support the imputation of $ 5, 500.00 as his monthly
income. On review, we find this argument disingenuous considering that Aaron
failed to produce any documentation to support his income.
Aaron' s income prior to 2023 was established by his testimony as well as the
Gross Income spreadsheet introduced at trial by Alicen. In 2023, although Aaron
testified that his monthly income was " zero," he acknowledged that he earned
14, 400.00 while employed by Brown and Root; that he received $ 31, 000. 00 in
October of 2023 from flipping a house with Alicen; that he inherited money, which was in his savings account; that he has a " crypto currency account" of over
76, 000. 00 ( that he claimed " doesn' t exist anymore" because he converted it into
miscellaneous things such as bitcoin, etherum, h -bar, and which he kept in his
father' s safe); and that he received $ 800.00 in cash every month from his father
and grandmother. Aaron testified that he had not filed a federal income tax return
yet for 2023. Aside from Aaron' s testimony, he introduced no documentary
evidence to establish or otherwise verify his income.
Aaron had a duty to provide accurate and complete evidence of his income.
See La. R.S. 9: 315. 2( A); Millican, 384 So. 3d at 1016. Where a party ignores a
trial court' s orders to produce evidence of income, that party cannot seek to his or
her contemptuous behavior in his or her favor to reverse the trial court' s child
support order. See Millican, 384 So. 3d at 1016. Mindful of the important policy
considerations associated with the setting of child support, an obligor parent should
not be allowed to benefit from his own recalcitrance. Millican, 384 So. 3d at 1016,
citing State in Interest of Washington v. Bourgeois, 2022- 0931 ( La. App. 1St Cir.
3/ 8/ 23), 2023 WL 2397373, * 3 ( unpublished). Thus, when a party fails to
11 introduce accurate and complete evidence of his or her current income, a court may
nonetheless find that the record contains sufficient evidence with which to
calculate the child support obligation. See Flowers v. Tasker, 2024- 0690 ( La. App.
1St Cir. 2/ 28/ 25), 407 So. 3d 927, 945.
On review of the record before us, we find the trial court' s imputation of
5, 500.00 per month as Aaron' s gross income reasonable and amply supported by
the record. We note that this calculation represents a roughly 40% downward
departure from Aaron' s average income for tax years 2019 through 2022. Thus,
we find no merit to this assignment of error.
Reasons for the Income Imputation
Next, Aaron contends that the trial court failed to provide sufficient reasons
for the income imputation. In support of his argument, Aaron relies on Reggio v.
Reggio, 2006- 0800 ( La. App. 5t' Cir. 3/ 13/ 07), 956 So. 2d 637.
At the outset, we find that Reggio is distinguishable from the instant case
and thus unpersuasive. In Reggio, the parties agreed to submit the issue of child
support to the trial court by briefs only without a hearing. See Reggio, 956 So. 2d
at 639. Moreover, in Reggio, the trial court provided no " reasons or a basis for its
award of child and spousal support, nor did it implicitly or explicitly find whether
or not Mr. Reggio was underemployed." See Reggio, 956 So. 2d at 641. In
furthering the distinction, in Reggio, the record contained no information regarding Ms. Reggio' s education or past work experience in order to attribute a particular
income to her. The appellate court expressed that it was unable to " ascertain how
the trial court arrived at the amount of child support set forth in its judgment" and
thus remanded the matter to the trial court to determine whether or not Mr. Reggio
was underemployed, his monthly income, and the amount of income attributable to
Ms. Reggio for her lack of employment. See Reggio, 956 So. 2d at 641.
12 In the instant case, the trial court set forth extensive reasons for its
imputation of income based on its determination that Aaron was underemployed,
which outlined the evidence of record it considered in support of its award. The
trial court reasoned as follows:
This matter comes before this court pursuant to a setting of the child support obligation for Mr. and Mrs. Albin' s two minor children. As I previously stated, we are going to use ... Worksheet " A." It has been stipulated that Ms. Albin is the primary custodial caretaker of the two minor children. In order for the court to set the basic child support obligation, the court must determine the income of the parties.
Now, this is what I have for evidence of income, other than the testimony of Mr. and Mrs. Albin. I have what purports to be a proposed worksheet for child support prepared by Ms. Albin, where she suggests either that she makes $ 5, 500. 00 a month or she makes 1, 800. 00 a month, and that Mr. Albin makes about $ 9, 000. 00 a month or he makes $ 7, 854. 00 per month.
I have a spreadsheet which looks like more or less community obligations, for lack of a better word, that the parties were
contributing to.
What I do know is both Mr. and Mrs. Albin were consistent with their testimony that in March of 2023 Mr. Albin was either laid off, quit, but is no longer employed by his previous employer. From March of 2023 until the parties separated sometime in September of 2023, they worked together on an investment property, which Ms. Albin has introduced some photographs of Mr. Albin actually working, Mr. Albin has testified that, quote, it was more or less like a full-time job. As a result of the flip house, the parties profited, even though they did it together as husband and wife, they each profited separately $ 30, 000. 00 per year.
In reviewing Mr. Albin' s exhibit relative to his disability documents, he indicated in 2023 he had gross wages of about 14, 000.00. I' m assuming - - and again, this is an assumption on my part - - that that was income derived from January until March when he was laid off, and he didn' t count the $ 30, 000. 00 that he made flipping the house.
Ms. Albin has testified that she' s a real estate agent, and that for 2024 she' s only been able, due to the market - - I' m not making an insinuation about your ability as a real estate agent, but that for 2024 you' ve only closed on one house, which gave you a gross income of about $ 5, 200.00 in January. However, historically you testified that your income is anywhere from $ 60,000. 00 to $ 70, 000. 00 per year.
Mr. Albin has suggested that he should be, I guess, imputed with no income based upon his application for disability.
13 Louisiana Revised Statute[ s] 9: 315. 11 relative to voluntarily unemployed or under employed parties [ states:]
Emma
Mr. Albin, I understand, and I - - I took the time to review your disability documents. I understand you' ve applied for disability, and I do see in there where your doctor has placed certain work restrictions on you. What I couldn' t find in there - - and I' ll be happy if somebody can point it out to me - - where it says you' re prohibited from seeking any employment.
Yes, I agree with you that there' s a lot of work restrictions on there. But I also reviewed the documents that you - - that you and your father submitted about some of your daily activities, about what you are able to do and what you are not able to do. Okay. So just because you can' t do certain things doesn' t mean you' re totally unemployable. It just means that you may have to seek some other type of employment. Therefore, I' m not finding that you are completely physically or mentally incapacitated to the point where I cannot impute you income.
However, based upon the limited evidence and testimony that' s been presented here today, I also don' t believe I can impute you with what your prior income was when you were making over $ 100, 000. 00 a year, because there is at least some evidence that you' re not able to do that job. But, you made $ 30,000. 00 flipping a house. Ms. Albin has testified, although there is no proof, that you may have - - you
may have profited from the sale of certain lots. In reviewing the documents, I believe that you can at least have some type of employment.
Therefore, I am going to judicially determine that Ms. Albin' s gross monthly income is $ 5, 500. 00 per month, and I' m going to impute the same income to Mr. Albin.
On review, we find that in its reasons, the trial court explained in detail the
evidence introduced, which supported its determination of the amounts of monthly gross income imputed to the parties. As such, we find the trial court' s decision
rested upon sufficient reasons for imputing income. This assignment lacks merit.
Expense -Sharing Benefits
In his final assignment of error, Aaron contends that the trial court erred in
considering " expense -sharing benefits" under La. R.S. 9: 315( C)( 5)( c), which
Aaron contends are confined to expense -sharing " in the context of [ a] party' s
14 remarriage," in determining his income. We disagree with Aaron' s narrow
interpretation of the statute.
Louisiana Revised Statute 9: 315( C)( 5)( c) provides that:
The court may also consider as income the benefits a party derives from expense -sharing or other sources; however, in determining the benefits of expense -sharing, the court shall not consider the income of another spouse, regardless of the legal regime under which the remarriage exists, except to the extent that such income is used directly to reduce the cost of a party' s actual expenses.
Emphasis added.)
A plain reading of the statute indicates that the benefits Aaron derives from
other sources, i.e., his family, may be considered income. Consistent with the
language of the statute, courts have interpreted La. R.S. 9: 315( C)( 5)( c) to include
benefits a party derives from family members. See Bordelon v. Bordelon, 55, 983
La. App. 2„ d Cir. 1/ 15/ 25), 402 So. 3d 714, 728- 729, writ denied, 2025- 00339 ( La.
5/ 29/ 25), 410 So. 3d 145.
Because the language of the statute providing that the court " may" consider
as income the benefits a party derives from other sources is permissive, not
mandatory, it is within the discretion of the trial court to include or disallow such
benefits." Bordelon, 402 So. 3d at 727. The trial court' s decision will not be
disturbed in the absence of an abuse of discretion. Triche, 406 So. 3d at 1212.
Aaron candidly testified that his sole source of support is from his father and
other family members. Aaron testified that he lived in a home owned by his father
with a rental value of approximately $ 1, 200. 00 per month free of charge; that his
father paid his car note of $140. 00 per month, automobile insurance of $290.00 per
month, and testosterone treatments of $75. 00 per month; that his mother gave him
250. 00 per month for groceries; and that his father gave him $ 600. 00 cash per
month and his grandmother gave him $ 200. 00 cash per month. Aaron
15 acknowledged that overall, he received total benefits in the amount of nearly
3, 200.00 per month from his family.
These benefits Aaron received from other sources, his family members, may
be considered by the trial court as income. La. R.S. 9: 315( C)( 5)( c). Thus, to the
extent that the trial court considered as income the benefits Aaron derived from his
family, which directly reduced his actual expenses, we find no abuse of the trial
court' s discretion. This assignment lacks merit.
CONCLUSION
For the above and foregoing reasons, the August 21, 2024 judgment of the
trial court is affirmed. Costs of this appeal are assessed to the appellant, Aaron
Albin.
AFFIRMED.