White v. White
Decision Date | 10 November 1980 |
Docket Number | No. 13646,13646 |
Parties | Charles A. WHITE v. Verlene Mayo Cummins WHITE. |
Court | Court of Appeal of Louisiana — District of US |
Allen R. Boudreaux, Ralph E. Hood, Roland C. Kizer, Jr., Baton Rouge, for plaintiff-appellant, Charles A. White.
Gerard E. Kiefer, Baton Rouge, for defendant-appellee, Verlene Mayo Cummins White.
Before ELLIS, COLE and WATKINS, JJ.
This is a rule brought by a former husband to obtain reduction of permanent alimony. Charles A. White and Verlene Mayo Cummins White were divorced in November 1978, and the wife was awarded custody of their infant child, alimony in the amount of $600.00 per month, and child support. From a judgment maintaining the alimony in the stated amount after trial on the rule, the husband appeals.
Plaintiff's basis for seeking a reduction in the amount of alimony payment is the asserted "change of circumstances" produced by the amendment of LSA-C.C. art. 160 by La. Act No. 72 of 1979 which took effect September 7, 1979, which had the effect of requiring the court to consider the wife's earning capacity in making an alimony award.
Art. 160 as amended reads as follows:
The primary purpose in amending art. 160 was to permit the husband to obtain alimony from the wife as well as the wife from the husband. However, the amendment had the secondary effect of requiring a court to consider the wife's earning capacity. Formerly, the wife's earning capacity could not be considered. Ward v. Ward, 339 So.2d 839 (La.1976).
The husband contends that the 1979 amendment to art. 160 constituted a "change of circumstances". The trial court appeared in written reasons to disagree, and to believe that a change in circumstances did not include a change in the law. We note that an alimony award is not final, and may be changed upon a showing of "change of circumstances". Ducote v. Ducote, 339 So.2d 835 (La.1976). We find that it is not necessary to determine whether or not the amendment to art. 160 constituted a change of circumstances within the contemplation of the...
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