Dwyer v. Blanque

Supreme Court of Louisiana

Dwyer v. Blanque

672 So. 2d 697, 1996 La. LEXIS 1119, 1996 WL 227609

CourtSupreme Court of Louisiana

DecidedMay 3, 1996

DocketNo. 96-CC-1053

StatusPublished

Cited by1 cases

This text of 672 So. 2d 697 (Dwyer v. Blanque) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dwyer v. Blanque, 672 So. 2d 697, 1996 La. LEXIS 1119, 1996 WL 227609 (La. 1996).

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Opinion

In re Blanque, David Andrew; — Defendants); applying for supervisory and/or remedial writs; Parish of Orleans, Civil District Court, Div. “G”, No. 82-16909; to the Court of Appeal, Fourth Circuit, No. 96CW-0906.

Writ granted. The record clearly establishes that Jennifer attained the age of 19 on March 27, 1996. Under the law, all existing child support obligations automatically expired on that date and no child support was due from the father, David Blanque, on April 1,1996. Therefore the trial court’s judgment of April 12, 1996 finding that David Blanque failed to pay the court-ordered support due April 1, 1996, and ordering him to pay the child support due April 1,1996, not later than April 19, 1996, was improper and is vacated and set aside. As indicated in the opinion of the Fourth Circuit Court of Appeal in this case dated April 3,1996, “the proper court to enforce the alimentary duty to support Jennifer beyond her nineteenth birthday is ... the 24th Judicial District Court for the Parish of Jefferson.”

WATSON, J., would deny the writ.

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In re Blanque, David Andrew; — Defendants); applying for supervisory and/or remedial writs; Parish of Orleans, Civil District Court, Div. “G”, No. 82-16909; to the Court of Appeal, Fourth Circuit, No. 96CW-0906.

Writ granted. The record clearly establishes that Jennifer attained the age of 19 on March 27, 1996. Under the law, all existing child support obligations automatically expired on that date and no child support was due from the father, David Blanque, on April 1,1996. Therefore the trial court’s judgment of April 12, 1996 finding that David Blanque failed to pay the court-ordered support due April 1, 1996, and ordering him to pay the child support due April 1,1996, not later than April 19, 1996, was improper and is vacated and set aside. As indicated in the opinion of the Fourth Circuit Court of Appeal in this case dated April 3,1996, “the proper court to enforce the alimentary duty to support Jennifer beyond her nineteenth birthday is ... the 24th Judicial District Court for the Parish of Jefferson.”

WATSON, J., would deny the writ.

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672 So. 2d 697, 1996 La. LEXIS 1119, 1996 WL 227609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dwyer-v-blanque-la-1996.

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