King v. King
136 So. 3d 941
La. Ct. App.2014Background
- King appeals final periodic spousal support of $500/month to Tamra; trial court amended to $421.58/month and affirmed in part; final judgment issued May 2013; Tamra diagnosed with cancer in 2010 and left the matrimonial home in March 2011; Tony accused Tamra of abandonment and misconduct, while trial court found Tamra free from fault and in necessitous circumstances; Tamra’s income consists of Social Security disability benefits ($1,263/month) and impending Medicare/Medicare Part B costs; Tony’s net monthly income is $3,521.48 with substantial expenses; the court considered fault, needs, and financial ability under La. C.C. art. 112 and reduced the award accordingly; Tony remained obligated to pay arrearages until satisfied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Fault determination for entitlement to support | Tamra abandoned with lawful cause; fault precludes support | Tamra left with lawful cause; Tony’s conduct supported abandonment | Tamra free from fault; abandonment found with lawful cause |
| Necessitous circumstances and amount of support | Tamra not necessitously needy; excessive award | Tamra in need due to illness and expenses; support appropriate | Tamra in need; award reduced to 421.58/month |
| Compliance with one-third cap on support | Award exceeds one-third of Tony's net income | Cap applies; determine based on net income | Award not excessive; remains within one-third cap (net income context) |
Key Cases Cited
- Hunter v. Hunter, 21 So.3d 1032 (La.App.2d Cir. 2009) (establishes fault standard for final periodic spousal support)
- Adkins v. Adkins, 954 So.2d 920 (La.App.2d Cir. 2007) (fault threshold for entitlement to support; abandonment considerations)
- Allen v. Allen, 648 So.2d 359 (La. 1994) (historical view of fault and spousal support)
- Jones v. Jones, 877 So.2d 1061 (La.App.2d Cir. 2004) (fact-finder discretion; credibility determinations in domestic relations)
- Anderson v. Anderson, 117 So.3d 208 (La.App.2d Cir. 2013) (final periodic support; necessitous circumstances not required; need-based standard; consideration of expenses like Internet/TV)
- Hutson v. Hutson, 908 So.2d 1231 (La.App.2d Cir. 2005) (abandonment and fault analysis in spousal support)