Nielsen v. Nielsen

Louisiana Court of Appeal

Nielsen v. Nielsen

397 So. 2d 846, 1981 La. App. LEXIS 3857

Louisiana Court of Appeal·Decided April 7, 1981·No. No. 11798·Published·Cited by 1 cases

Opinion

REDMANN, Judge.

An ex-husband appeals from a judgment refusing to terminate or reduce alimony.

The ex-husband had had business reverses but is now employed for $2,900 gross monthly. He has remarried and his wife has modest earnings; he has adopted her teenage daughter.

The ex-wife took employment as a school bus driver beginning September 1979 from which her 1979 federal income tax return, prepared by a professional preparer, shows she had gross income of $7,312.81 and employee expenses of $4,413.23 (presumably including all expenses and depreciations). Her adjusted gross of $2,899.58 for that four-month period means she averaged $724.89 monthly. If she earns $724.89 monthly during the nine months of the school year, that would average $543 or less per month when spread over the 12 months of the calendar year. Included in her expenses are $278 house note and unusual medical expenses ($166) allegedly attributable to cancer.

We cannot find an abuse of the trial court’s discretion in fixing reasonable alimony at $500.

Affirmed.

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REDMANN, Judge.

An ex-husband appeals from a judgment refusing to terminate or reduce alimony.

The ex-husband had had business reverses but is now employed for $2,900 gross monthly. He has remarried and his wife has modest earnings; he has adopted her teenage daughter.

The ex-wife took employment as a school bus driver beginning September 1979 from which her 1979 federal income tax return, prepared by a professional preparer, shows she had gross income of $7,312.81 and employee expenses of $4,413.23 (presumably including all expenses and depreciations). Her adjusted gross of $2,899.58 for that four-month period means she averaged $724.89 monthly. If she earns $724.89 monthly during the nine months of the school year, that would average $543 or less per month when spread over the 12 months of the calendar year. Included in her expenses are $278 house note and unusual medical expenses ($166) allegedly attributable to cancer.

We cannot find an abuse of the trial court’s discretion in fixing reasonable alimony at $500.

Affirmed.

Nielsen v. Nielsen, 397 So. 2d 846, 1981 La. App. LEXIS 3857 (La. Ct. App. 1981).

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Opinion

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