Jeansonne v. Jeansonne

550 So. 2d 973, 1989 La. App. LEXIS 1803, 1989 WL 124631
CourtLouisiana Court of Appeal
DecidedOctober 12, 1989
DocketNo. 89-CA-203
StatusPublished
Cited by1 cases

This text of 550 So. 2d 973 (Jeansonne v. Jeansonne) 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
Jeansonne v. Jeansonne, 550 So. 2d 973, 1989 La. App. LEXIS 1803, 1989 WL 124631 (La. Ct. App. 1989).

Opinion

BOWES, Judge.

The Fortieth Judicial District Court, Honorable Thomas Malik presiding, granted a divorce in favor of Cindy Jeansonne, plaintiff/appellee, against her husband, Anthony Jeansonne, defendant/appellant, on the grounds of adultery. There is no dispute [974]*974concerning this portion of the judgment, nor was it appealed.

However, appellant Anthony Jeansonne appeals that portion of the judgment awarding permanent alimony to his former wife in the amount of $500.00 per month. We affirm.

Mr. and Mrs. Jeansonne were married in 1982. No children were born of the marriage. In November, 1987, Mrs. Jeansonne filed for separation from bed and board citing mental cruelty as her grounds for the action. The judgment of separation was granted in favor of Mrs. Jeansonne, decreeing her to be without fault in the matter, on June 2, 1988. That judgment also awarded Mrs. Jeansonne the sum of $500.00 per month as alimony pendente lite.

In September, 1988, Mrs. Jeansonne filed a petition for divorce based on adultery. The adulterous incident referred to was apparently one of some local notoriety, Mrs. Jeansonne having testified that the matter was reported in the newspapers to her great distress. In that action, Mrs. Jeansonne also requested $500.00 per month in permanent alimony. After trial on the merits, the court granted the divorce in favor of Mrs. Jeansonne, and awarded alimony as prayed in the amount of $500.00.

On appeal1, appellant urges that appel-lee failed to prove that she was without sufficient means for support, and also that the trial court erred in considering “anticipated expenses not actually incurred.” We reject both contentions.

At trial, Mrs. Jeansonne testified that she is a hairdresser employed at a salon named “Hair Dressers Limited” for the past ten years. She had been employed four days per week and, in 1985, earned a gross amount of $9,854.26; in 1986, she earned $9,597.00; in 1987, her income dropped to $4,033.00. She cited the failing economy — “business has been really bad” —as the reason for the decline in her 1987 income. In 1988, her income dropped even further to $2,733.39 or an average of $227.78 per month. She testified further that the continuing decline in her income was due to her emotional problems related to the divorce and “due to the publicity, my husband being in the paper, I’ve lost a lot of customers.” She stated that she tries to go to work because she needs her job.

Her employer testified in the same vein: “She’s not capable of working now. She has put a strain on us, the customers and herself.” Mrs. Jeansonne’s mother, Janie Guillot, also stated that appellee had many emotional problems coping with her marital situation, so much so that Mrs. Guillot advised her daughter to seek professional counseling.

Mrs. Jeansonne lives with her parents, who provide room and board. While a complete list of her income and expenses was not introduced into evidence, appellee did testify as to a number of items.

Mrs. Jeansonne testified that a figure of $400 for rent was an anticipated expense, since she does not have the money to actually rent an apartment on her present income. She arrived at that figure by inquiring at various places in the area such as the “Landmark Land.” Other expenses at trial were:

Utilities: $200.00
Telephone: 50.00
Food: 200.00
Household supplies: 60.00
Clothing: 100.00
Medical Insurance: 100.00
Therapy: 200.00
Entertainment: 100.00
Health Club: 28.00
Other: 50.00

Expenses of “rental furniture” and “newspapers, magazines” were discussed, but figures were not given. The above items total $1,088.00. Of these, utilities, telephone, insurance and therapy were also anticipated expenses which appellee was not incurring at the time of trial. It is not clear from the testimony if the remaining listed expenses other than food costs are actually incurred by Mrs. Jeansonne.

[975]*975LSA-C.C. Art. 160 is the applicable codal authority for permanent alimony and reads as follows (in pertinent part):

Art. 160. Alimony after divorce; permanent periodic; lump sum
A. (1) When a spouse has not been at fault and has not sufficient means for support, the court may allow that spouse, out of the property and earnings of the other spouse, permanent periodic alimony which shall not exceed one-third of his or her income. Alimony shall not be denied on the ground that one spouse obtained a valid divorce from the other spouse in a court of another state or country which had no jurisdiction over the person of the claimant spouse.
(2) In determining the entitlement and amount of alimony after divorce, the court shall consider:
(a) The income, means, and assets of the spouses;
(b) The liquidity of such assets;
(c) The financial obligations of the spouses, including their earning capacity;
(d) The effect of custody of children of the marriage upon the spouse’s earning capacity;
(e) The time necessary for the recipient to acquire appropriate education, training, or employment;
(f) The health and age of the parties and their obligations to support or care for dependent children; and
(g) Any other circumstances that the court deems relevant.
(3) In determining whether the claimant spouse is entitled to alimony, the court shall consider his or her earning capability, in light of all other circumstances.
(4) Permanent periodic alimony shall be revoked if it becomes unnecessary and terminates if the spouse to whom it has been awarded remarries or enters into open concubinage.

In interpreting the degree of support to which a spouse is entitled following divorce, our courts have stated:

Maintenance includes the basic necessities of life, such as food, clothing and shelter. It also includes necessary transportation, automobile expenses, medical and drug expenses, utilities, household expenses and income tax liability resulting from payment. Frederic v. Frederic, 302 So.2d 903 (La.1974); Bernhardt v. Bernhardt, 283 So.2d 226 (La.1973); Vial v. Vial, 422 So.2d 523 (La.App. 5th Cir.1982); Hamiter v. Hamiter, 419 So.2d 517 (La.App. 2d Cir.1982); Oddo v. Oddo, 416 So.2d 241 (La.App. 1st Cir.1982); Kean v. Kean, 388 So.2d 398 (La. App. 1st Cir.1980); Marshall v. Marshall, 390 So.2d 1365 (La.App. 4th Cir. 1980).
Jordan v. Jordan, 432 So.2d 314 (La. App. 5 Cir.1983)

Therefore, of the items testified to by ap-pellee (there is no complete list), only the categories of “entertainment”, “health club”, and possibly “other”, are not permitted expenses. Including the $400 rent figure, the allowable needs of Mrs. Jeansonne total $1,310.00.

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Bluebook (online)
550 So. 2d 973, 1989 La. App. LEXIS 1803, 1989 WL 124631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jeansonne-v-jeansonne-lactapp-1989.