McCole v. McCole

Louisiana Court of Appeal

McCole v. McCole

383 So. 2d 55, 1980 La. App. LEXIS 3680

CourtLouisiana Court of Appeal

DecidedMarch 31, 1980

DocketNo. 14086

StatusPublished

Cited by6 cases

This text of 383 So. 2d 55 (McCole v. McCole) 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

McCole v. McCole, 383 So. 2d 55, 1980 La. App. LEXIS 3680 (La. Ct. App. 1980).

Pincite

Opinion

MARVIN, Judge.

The husband raises two assignments of error on this appeal of a judgment awarding alimony pendente lite and child support.

The husband’s net income is $1300 per month. He is living with a female friend who is gainfully employed. The amount awarded to the wife (who is not employed) and to the minor children (ages 11 and 13) totals $750 a month.

We find no abuse of discretion in these amounts, considering the husband’s means and the needs of his wife and minor children.

The husband’s second assignment is that the lower court erred in not taking into consideration the income of his major children who live in the family home and contribute varying amounts to their mother. The husband argues that the children have the legal obligation to support their mother. This is true when she is in need. CC 229.

The husband overlooks, however, that his legal obligation to support his wife (CC Arts. 120, 1786 and 148) is paramount to the obligation of his children to support their mother under CC 229. See Lyons v. Landry, 293 So.2d 674 (La.App. 1st Cir. 1974).

At appellant’s cost, judgment is AFFIRMED.

Free access — add to your briefcase to read the full text and ask questions with AI