Ducote v. Ducote

331 So. 2d 133
CourtLouisiana Court of Appeal
DecidedJuly 1, 1976
Docket5410
StatusPublished
Cited by5 cases

This text of 331 So. 2d 133 (Ducote v. Ducote) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ducote v. Ducote, 331 So. 2d 133 (La. Ct. App. 1976).

Opinion

331 So.2d 133 (1976)

Lester L. DUCOTE, Jr., Plaintiff-Appellant,
v.
Neva S. DUCOTE, Defendant-Appellee.

No. 5410.

Court of Appeal of Louisiana, Third Circuit.

April 14, 1976.
Rehearings Denied May 19, 1976.
Writ Granted July 1, 1976.

*134 Lewis & Lewis by Seth Lewis, Jr., Opelousas, for plaintiff-appellant.

Davidson, Meaux, Onebane & Donohoe by James E. Diaz, Lafayette, for defendant-appellee.

Before HOOD, GUIDRY and PETERS, JJ.

HOOD, Judge.

Plaintiff, Dr. Lester L. Ducote, Jr., instituted proceedings against his former wife seeking to have the amount of alimony and child support payments which he previously had been ordered to pay decreased from $800.00 to $600.00 per month. Defendant, Mrs. Neva Ducote, reconvened praying that the amount of alimony and child support payments be increased to $1,465.50 per month.

Judgment was rendered by the trial court on October 21, 1975, increasing the award of alimony and child support from $800.00 to $1,000.00 per month. Dr. Ducote appealed. Mrs. Ducote answered the appeal, praying that the award be increased to the amount claimed in her reconventional demand.

The sole issue presented is whether the award of alimony and child support made by the trial court should be maintained or increased or reduced.

Dr. and Mrs. Ducote were married in 1957, and of that union five children were born. One of the children is now deceased, but four of them are living, a son and three daughters. All of the surviving children are minors. The parties separated in 1968, and judgment decreeing a separation from bed and board between them was rendered the next year. A judgment of final divorce was rendered on September 17, 1970, and in that judgment the permanent custody of the four minor children was awarded to Mrs. Ducote. In the above proceedings, plaintiff was ordered to pay alimony and child support to Mrs. Ducote in the amount of $900.00 per month.

About two years later, Dr. Ducote filed pleadings seeking to reduce the alimony and support payments from $900.00 to $400.00 per month, alleging that he had discontinued practicing medicine in Lafayette, Louisiana, that he had moved to *135 Houston, Texas, where he was engaged in studies to further specialize in his profession, and that his income thus had been drastically reduced. The parties thereafter entered into a stipulation that the amount of alimony and support payments would be reduced to $800.00 per month, beginning June 1, 1973, reserving to the parties the right to apply for modification of such an award. Following that stipulation, judgment was rendered by the trial court on May 30, 1973, reducing the amount of alimony and support payments which Dr. Ducote was required to pay from $900.00 to $800.00 per month, beginning June 1, 1973.

Dr. Ducote returned to Lafayette in 1974, and he has been engaged in the practice of medicine there since July 1 of that year. During the last week in June, 1974, his oldest child, Lester J. Ducote, left Mrs. Ducote's home and he has been living with his father, Dr. Ducote, continuously since that time.

In 1975, Dr. Ducote filed pleadings in which he seeks a judgment decreeing among other things (1) that he be awarded the permanent custody of his minor son, Lester J. Ducote, and (2) that the amount of alimony and support which he previously had been ordered to pay be reduced. Mrs. Ducote answered and she filed a counter claim praying that the amount of alimony and support be increased to $1,465.50. She did not contest the transfer of custody of her oldest son to the father. A hearing was held first on the issues relating to custody, and a separate hearing was held later on the issue relating to alimony and child support.

After the first hearing, judgment was rendered in the trial court on March 31, 1975, transferring the custody of the oldest child, Lester J. Ducote, to plaintiff, Dr. Ducote, and decreeing that Mrs. Ducote continue to have custody of the three minor daughters of the parties. No appeal has been taken from that judgment. Following the second hearing, judgment was rendered by the trial court on October 21, 1975, ordering that Dr. Ducote pay to his wife the sum of $1,000.00 per month, to be divided $600.00 for child support, and $400.00 for alimony. Dr. Ducote appealed from the last mentioned judgment, rendered on October 21, 1975, and it is that appeal which is before us now. As already noted, Mrs. Ducote answered the appeal, praying that the award of alimony and support be increased to $1,465.50.

Dr. Ducote has been engaged in practice as a cardiologist in Lafayette, since July 1, 1974. He has been the only cardiologist in that city since that date. His income has been substantial after his return to Lafayette, and he stipulated that he is able to pay the full amount claimed by Mrs. Ducote as alimony and child support in the event the court orders him to do so, although he contends that she is not entitled to the increases which she seeks. It is unnecessary for us to discuss the amount of his earnings, since he has stipulated that he is able to pay the full amount claimed.

Plaintiff remarried after his divorce from defendant, and he lives in a comfortable, five bedroom home in Lafayette with his second wife. Living in that home with him and his second wife are the latter's four children, issue of her prior marriage, a new born child born of the marriage of Dr. Ducote and his second wife, and Dr. Ducote's oldest child, Lester J. Ducote. The second Mrs. Ducote receives payments from her former husband for the support of her children. Dr. Ducote owns four automobiles and a boat, and he purchased a motorcycle for his son who has been living with him since June, 1974.

Dr. Ducote contends that since the custody of his oldest child has been transferred to him, his former wife now has to support only three children, instead of four, and that the amount of child support which he heretofore has been required to pay to defendant should be reduced. He points out that defendant and her children *136 live in a nice neighborhood, that the children attend very acceptable schools, that they have been adequately fed and clothed, and that their needs have been met by the payments of $800.00 per month which heretofore have been made to defendant. He argues that since defendant has demonstrated that she can live on that amount per month, she is not entitled to an increase in alimony and child support, but on the contrary, that the amount of support should be reduced since she has one less child to support now.

Mrs. Ducote contends that she needs at least $1,465.50 per month to provide for her needs and for those of her three minor daughters. She argues that inflation and the ages of her daughters require greater expenditures for education, food, clothing, transportation, medical and dental bills, and entertainment, than have been required heretofore. She concedes that she has cared for herself and her children on a budget of $800.00 per month since May, 1973, but she points out that that was all she was able to get, and she stated that it was because of her inability to provide for all of their needs on such a budget that her oldest child left her home and went to live with his father in 1974.

Defendant executed and filed in the record an affidavit in which she itemizes the amounts she needs each month to provide for herself and her three daughters. She indicates in that affidavit that an award of $1,475.50 per month is necessary to enable her to meet those needs.

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331 So. 2d 133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ducote-v-ducote-lactapp-1976.