Evans v. Evans, 145 So. 3d 1093

Married in 2003; no children.
June 18, 2013: wife filed for divorce in Caldwell Parish seeking interim and permanent spousal support and health insurance.
Oct. 2, 2013: interim support hearing; court awarded $2,800/month and insurance, enjoined disposition of community property.
Judgment signed Nov. 5, 2013; interim support to begin Oct. 1, 2013; both parties appealed.
Husband challenges need and living standard conclusions; record shows husband’s income increase and wife’s monthly expenses.
Court affirmed trial court’s ruling on interim spousal support.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether wife proved need for interim support	Evans	Evans	No abuse; need established
Whether Evans was properly deemed unable to meet living standard	Evans	Evans	Court did not abuse discretion in standard of living finding
Whether trial court properly considered earning capacity vs. employment status	Evans	Evans	Court credited wife’s credibility; no error in assessing earning capacity
Whether interim support amount was appropriate given assets and lifestyle	Evans	Evans	Affirmed amount; within discretion based on needs and ability to pay
Whether the start date of interim support was proper	Evans	Evans	Start date within trial ruling; affirmed

Bickham v. Bickham, 58 So.3d 950 (La.App.2d Cir. 2011) (interim support factors and discretion emphasized)
Brown v. Brown, 31 So.3d 532 (La.App.2d Cir. 2010) (standard of living and ability to pay balance)
Shirley v. Shirley, 127 So.3d 935 (La.App.2d Cir. 2013) (trial court’s discretion in interim spousal support upheld)
Clark v. Clark, 779 So.2d 822 (La.App.2d Cir. 2000) (voluntary unemployment vs. earning capacity considerations)
Kirkpatrick v. Kirkpatrick, 948 So.2d 390 (La.App.2d Cir. 2007) (imputed income where appropriate for interim support)
Arrendell v. Arrendell, 390 So.2d 927 (La.App.2d Cir. 1980) (alimony pendente lite purposes and consideration of earning capacity)