113 So. 3d 274
La. Ct. App.2013Background
- Married 1969; divorce judgment 2005 with spousal support of $700/month (semi-monthly $350)
- 2011: Paul Olsen moves to extinguish spousal support on alleged cohabitation with Gary Gregory
- Domestic hearing officer recommended extinguishment; interim judgment issued April 20, 2011
- Lynn Olsen objected and raised res judicata; district court denied res judicata; extinguished support
- February 2012: this Court dismissed appeal for lack of signed final judgment; amended 2012 judgment affirmed denial of res judicata and extinguishment
- Court found Lynn Olsen and Gary Gregory cohabiting in the manner of married persons; affirmed trial court’s rulings
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Res judicata applicability to spousal support | Olsen contends consent judgment precludes relitigation | Olsen claim falls under res judicata exceptions for divorce-related matters | Res judicata not applicable; consent did not waive 115 termination rights |
| Cohabitation in manner of married persons | Evidence insufficient to show cohabitation | Record shows permanence, shared life; supports termination | Record supports cohabitation; trial court did not err in extinguishing support |
Key Cases Cited
- Hamsa v. Hamsa, 919 So.2d 776 (La.App. 5 Cir. 2005) (compromise can create res judicata effect; but facts here differ)
- Rosenfeld v. Rosenfeld, 90 So.3d 1077 (La.App. 5 Cir. 2012) (consent judgments may be modified/terminated under Art. 115)
- Arnold v. Arnold, 843 So.2d 1167 (La.App. 1 Cir. 2003) (cohabitation sufficient to terminate spousal support)
- Almon v. Almon, 943 So.2d 1113 (La.App. 1 Cir. 2006) (distinguishes non-cohabitation facts from cohabitation in manner of married persons)
- Guillory v. Guillory, 29 So.3d 1288 (La.App. 3 Cir. 2010) (limits of res judicata in divorce-related matters)