Faucheux v. Faucheux

91 So. 3d 1119, 11 La.App. 5 Cir. 939, 2012 La. App. LEXIS 399, 2012 WL 1020668
CourtLouisiana Court of Appeal
DecidedMarch 27, 2012
DocketNo. 11-CA-939
StatusPublished
Cited by4 cases

This text of 91 So. 3d 1119 (Faucheux v. Faucheux) 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
Faucheux v. Faucheux, 91 So. 3d 1119, 11 La.App. 5 Cir. 939, 2012 La. App. LEXIS 399, 2012 WL 1020668 (La. Ct. App. 2012).

Opinion

MARC E. JOHNSON, Judge.

| gPlaintiff/appellant, Clayton Faucheux, Jr., appeals the trial court’s award of final periodic spousal support to defendant, Deidre Schexnayder Faucheux. For the reasons that follow, we affirm.

On February 12, 2010, after almost 30 years of marriage, Mr. Faucheux filed a petition for divorce seeking a divorce from Ms. Faucheux under La. C.C. art. 102. The divorce was granted on January 6, 2011. Prior to the judgment of divorce, Ms. Faucheux filed a motion on incidental matters seeking exclusive use of the family home, interim spousal support, final periodic spousal support, and a temporary restraining order to prevent appellant from disposing of community assets. On January 13, 2011, the parties entered into a consent judgment wherein they agreed Ms. Faucheux would have exclusive use of the family home pending sale or partition [1122]*1122and Mr. Faucheux would pay interim spousal support in the amount of $1,500 per month as of November 15, 2010. Additionally, as part of the interim spousal support, Mr. Faucheux was to pay the $1,000 monthly mortgage note on the home. Further, both parties were enjoined from alienating community property.

|sThereafter, on May 6, 2011, Ms. Fau-cheux filed a motion to set final periodic spousal support.1 After a hearing, the trial court rendered judgment on June 30, 2011 finding that Ms. Faucheux was not at fault for the dissolution of the marriage and was in need of support. As. such, the trial court ordered Mr. Faucheux to pay $1,700 per month in final periodic spousal support beginning July 2011. It is from this judgment that Mr. Faucheux appeals.

On appeal, Mr. Faucheux does not challenge the trial court’s determination that Ms. Faucheux was not at fault for the dissolution of the marriage. Rather, Mr. Faucheux challenges the determination that Ms. Faucheux is in need of support and the amount of final periodic spousal support awarded by the trial court.

Once freedom from fault is established, the basic tests for the amount of spousal support are the needs of that spouse and the ability of the other spouse to pay. Noto v. Noto, 09-1100 (La.App. 5 Cir. 5/11/10), 41 So.3d 1175, 1180. The award for final periodic spousal support is governed by La. C.C. art. 112, which requires the court to consider all relevant factors including: (1) the income and means of the parties; (2) the financial obligations of the parties; (3) the earning capacity of the parties; (4) the effect of custody of children upon a party’s earning capacity; (5) the time necessary for the claimant to acquire appropriate education, training, or employment; (6) the health and age of the parties; (7) the duration of the marriage; and (8) the tax consequences to the parties. Further, under La. C.C. art. 112(C), the amount of final periodic spousal support shall not exceed one-third of the paying spouse’s net income.

Final periodic spousal support is awarded to a former spouse in need and is limited to an amount sufficient for maintenance as opposed to a continuation of an |4accustomed style of living. Dufresne v. Dufresne, 10-963 (La.App. 5 Cir. 5/10/11), 65 So.3d 749, 762. Maintenance includes food, shelter, clothing, transportation, medical and drug expenses, utilities, household necessities, and income tax liability generated by spousal support payments. Id.

The trial court is vested with great discretion in determining awards of spousal support, and these determinations will not be disturbed absent a clear abuse of that discretion. Noto, 41 So.3d at 1181.

Mr. Faucheux first argues the final periodic spousal support award impermis-sibly exceeds one-third of his net income in violation of La. C.C. art. 112. However, to make this claim, he adds a $1,000 per month mortgage payment the trial court “presupposes” he will pay to the $1,700 per month support payment he was ordered to pay for a total of $2,700 per month in support. Mr. Faucheux does not argue the $1,700 per month award alone exceeds one-third of his net income.

[1123]*1123Prior to the award of final periodic spousal support, the parties entered into a consent judgment wherein they agreed Mr. Faucheux would pay the mortgage as part of interim spousal support. It was further agreed Mr. Faucheux would waive any claim to mortgage reimbursement from December 1, 2010 through June 30, 2011. This award for interim spousal support terminated on June 30, 2011 when the trial court awarded final spousal support. See La. C.C. art. 113.2

The trial court’s judgment awarding final periodic spousal support does not order Mr. Faucheux to pay the mortgage. Mr. Faucheux seems to rely on the trial court’s reasons for judgment to support his position that the final spousal support award includes $1,700 per month plus payment of the $1,000 per month mortgage |finote. In its reasons for judgment, the trial court stated that it felt an award of $1,700 per month for final spousal support was appropriate. It further noted that “this presupposes that Mr. Faucheux will continue to pay the mortgage note on the house pending partition of [the] community.”

Appeals lie from final judgments only. La. C.C.P. art. 1841. Appellate courts review the correctness of a judgment rather than the reasons for the underlying judgment. A trial coürt’s reasons for judgment, while defining the principles upon which the court is deciding a case, form no part of the official judgment signed and from which appeals are taken. Noto, 41 So.3d at 1181. Thus, in this case, the trial court’s presupposition that Mr. Faucheux would continue to pay the mortgage in its reasons for judgment forms no part of the judgment.

The judgment of final spousal support only orders Mr. Faucheux to pay $1,700 per month. Mr. Faucheux does not claim this amount exceeds one-third of his net income. There is nothing in the judgment of final periodic spousal support that orders Mr. Faucheux to pay the mortgage in addition to the $1,700 per month. Therefore, we find no merit in Mr. Faueheux’s argument that the final spousal support award totals $2,700 and, thus, exceeds one-third of his net income in violation of La. C.C. art. 112.

Mr. Faucheux next argues the trial court applied the wrong standard in determining the amount of spousal support owed. Specifically, he contends the trial court set the amount of support owed based on Ms. Faucheux’s standard of living to which she was accustomed during the marriage as opposed to the amount necessary for maintenance. It appears Mr. Faucheux bases his argument on the fact the award for final spousal support is $200 more per month than the interim support award.

|fíAs stated above, final periodic spousal support is limited to an amount sufficient for maintenance as opposed to a continuation of an accustomed style of living. Du-fresne, 65 So.3d at 762. Nothing in the record indicates the trial court applied the wrong standard.

Ms. Faucheux testified that during her 30 years of marriage, Mr. Faucheux was the provider while she took care of the [1124]*1124home and children, who are now grown. She stated she cooked, cleaned, provided clothes, raised their two children, and cared for her mother-in-law after she was diagnosed with cancer. Ms. Faucheux’s education consists of a high school diploma and one year of college. She had a real estate license at one point during the marriage, but it has since lapsed. When the children were in grammar school, Ms.

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91 So. 3d 1119, 11 La.App. 5 Cir. 939, 2012 La. App. LEXIS 399, 2012 WL 1020668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faucheux-v-faucheux-lactapp-2012.