Festervan v. Festervan

Louisiana Court of Appeal

Festervan v. Festervan

197 So. 2d 423, 1967 La. App. LEXIS 5619

CourtLouisiana Court of Appeal

DecidedMarch 22, 1967

DocketNo. 10750

StatusPublished

Cited by2 cases

This text of 197 So. 2d 423 (Festervan v. Festervan) 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

Festervan v. Festervan, 197 So. 2d 423, 1967 La. App. LEXIS 5619 (La. Ct. App. 1967).

Pincite

Opinion

BOLIN, Judge.

Mrs. Sybil Bradford Festervan sued her husband for separation from bed and board. Following trial of a rule to show cause she was awarded temporary care, custody and control of two girls, ages eleven and seven, issue of the marriage, and judgment for alimony pendente lite for herself and the minor children totaling $500 per month. Plaintiff wife appeals seeking an increase in the award of alimony.

The sole issue before the court is whether the record merits an increase in the award under Louisiana Civil Code Articles 148 and 231 and the jurisprudence interpreting these articles.

We see no necessity for a detailed analysis of the testimony. Suffice it to say, we have examined the evidence and found the award of the lower court, as it relates to the needs of the wife and children, was fixed in proportion to the means of the husband. In this type of case the trial judge is vested with much discretion. Alimony pendente lite is, by its very definition, a temporary award. If the situation changes materially each party has a right to bring appropriate proceedings in order to have the amount reduced or increased.

For the reasons assigned the judgment appealed from is affirmed, defendant-appellee to pay all costs of the proceeding including cost of this appeal.

Affirmed.

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BOLIN, Judge.

Mrs. Sybil Bradford Festervan sued her husband for separation from bed and board. Following trial of a rule to show cause she was awarded temporary care, custody and control of two girls, ages eleven and seven, issue of the marriage, and judgment for alimony pendente lite for herself and the minor children totaling $500 per month. Plaintiff wife appeals seeking an increase in the award of alimony.

The sole issue before the court is whether the record merits an increase in the award under Louisiana Civil Code Articles 148 and 231 and the jurisprudence interpreting these articles.

We see no necessity for a detailed analysis of the testimony. Suffice it to say, we have examined the evidence and found the award of the lower court, as it relates to the needs of the wife and children, was fixed in proportion to the means of the husband. In this type of case the trial judge is vested with much discretion. Alimony pendente lite is, by its very definition, a temporary award. If the situation changes materially each party has a right to bring appropriate proceedings in order to have the amount reduced or increased.

For the reasons assigned the judgment appealed from is affirmed, defendant-appellee to pay all costs of the proceeding including cost of this appeal.

Affirmed.

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Bluebook (online)

197 So. 2d 423, 1967 La. App. LEXIS 5619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/festervan-v-festervan-lactapp-1967.

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