Licciardi v. Licciardi

Supreme Court of Louisiana

Licciardi v. Licciardi

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

Supreme Court of Louisiana·Decided February 10, 2017·No. NO. 2017-C-0015·Published

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.

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

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