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Vidrine v. Vidrine

Court of Appeal of Louisiana, Third Circuit
Jul 30, 1981
402 So. 2d 793 (La. Ct. App. 1981)

Opinion

No. 8350.

July 30, 1981.

APPEAL FROM 12TH JUDICIAL DISTRICT COURT, PARISH OF AVOYELLES, STATE OF LOUISIANA, HONORABLE JAMES N. LEE, J.

Alex D. Chapman, Jr., Ville Platte, for defendant-appellant.

Boatner Luke, John A. Boatner, Jr., Bunkie, for plaintiff-appellee.

Before CULPEPPER, STOKER and LABORDE, JJ.


John Coleman Vidrine appeals a judgment awarding his wife, Pamela Samples Vidrine, alimony pendente lite in the amount of $300 per month. We affirm. We find no clear abuse of discretion by the trial judge in making the alimony award.

On the date of the alimony hearing, John was 22 years old and employed as a painter through Local # 5 of the Teamsters Union in Baton Rouge. His earnings were approximately $1,200 per month. Additional testimony indicated that John was engaged in a soybean farming operation with his father and brother from which he may have earned approximately $8,000 in 1980. John's itemized expenses totaled $936.26 per month.

Pamela was employed at the Bunkie Bank and Trust Company and earned $565 per month. Her monthly expenses, excluding child care for the litigants' 16 month old child, totaled $1,245.00.

The award of $125 per month for child support is not at issue in this appeal.

It is well settled that the trial court has much discretion in fixing alimony and the award will not be disturbed unless there is a clear abuse of discretion. See Kellogg v. Kellogg, 375 So.2d 200 (La.App. 2nd Cir. 1979) and the cases cited therein.

The husband has an obligation under LSA-C.C. Art. 148 to provide support for his wife. This obligation to pay alimony pendente lite was not changed by the 1979 amendment to this article in response to Orr v. Orr, 440 U.S. 268, 99 S.Ct. 1102, 59 L.Ed.2d 306 (1979). Under this article, the wife is entitled to be maintained in the lifestyle which she enjoyed prior to separation.

LSA-C.C. art. 148 provides: "Alimony pendente lite. If the spouse has not a sufficient income for maintenance pending suit for separation from bed and board or for divorce, the judge may allow the claimant spouse, whether plaintiff or defendant, a sum for that spouse's support, proportioned to the needs of the claimant spouse and the means of the other spouse. (Amended by Acts 1928, No. 130: Acts 1979, No. 72, § 1.)

A review of the respective incomes and expenses of the litigants in light of the statutory authority and their judicial interpretation does not establish that there has been any abuse of discretion by the trial judge in awarding Pamela $300 per month alimony pendente lite.

For the above and foregoing reasons the decision of the trial court is affirmed at defendant-appellant's costs.

AFFIRMED.


Summaries of

Vidrine v. Vidrine

Court of Appeal of Louisiana, Third Circuit
Jul 30, 1981
402 So. 2d 793 (La. Ct. App. 1981)
Case details for

Vidrine v. Vidrine

Case Details

Full title:PAMELA SAMPLES VIDRINE, PLAINTIFF-APPELLEE, v. JOHN COLEMAN VIDRINE…

Court:Court of Appeal of Louisiana, Third Circuit

Date published: Jul 30, 1981

Citations

402 So. 2d 793 (La. Ct. App. 1981)

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