Licciardi v. Licciardi

Supreme Court of Louisiana

Licciardi v. Licciardi

210 So. 3d 797, 2017 WL 542015, 2017 La. LEXIS 358

CourtSupreme Court of Louisiana

DecidedFebruary 10, 2017

DocketNO. 2017-C-0015

StatusPublished

This text of 210 So. 3d 797 (Licciardi v. Licciardi) 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.

Bluebook

Licciardi v. Licciardi, 210 So. 3d 797, 2017 WL 542015, 2017 La. LEXIS 358 (La. 2017).

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Opinion

GENOVESE, J.,

would grant and assigns reasons.

Ill respectfully dissent and would grant the writ and docket it. In my view, it is necessary to address whether a trial court’s discretionary authority under La. R.S. 9:2801(A)(4)(d) in partitioning community property “upon such terms and conditions as the court shall direct” includes the authority of the trial court to divert a child support obligation, which is a legal duty owed to the minor children, in satisfaction of a spouse’s community property obligation.

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GENOVESE, J.,

would grant and assigns reasons.

Ill respectfully dissent and would grant the writ and docket it. In my view, it is necessary to address whether a trial court’s discretionary authority under La. R.S. 9:2801(A)(4)(d) in partitioning community property “upon such terms and conditions as the court shall direct” includes the authority of the trial court to divert a child support obligation, which is a legal duty owed to the minor children, in satisfaction of a spouse’s community property obligation.

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Bluebook (online)

210 So. 3d 797, 2017 WL 542015, 2017 La. LEXIS 358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/licciardi-v-licciardi-la-2017.