Nielsen v. Nielsen

Louisiana Court of Appeal

Nielsen v. Nielsen

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

CourtLouisiana Court of Appeal

DecidedApril 7, 1981

DocketNo. 11798

StatusPublished

Cited by1 cases

This text of 397 So. 2d 846 (Nielsen v. Nielsen) 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

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

Pincite

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.

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Bluebook (online)

397 So. 2d 846, 1981 La. App. LEXIS 3857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nielsen-v-nielsen-lactapp-1981.

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