- 37 - 1032-1033. The appellate court reversed the reduction of child support, agreeing with the mother on the second assignment of error, relating to changes in circumstances. 553 So. 2d at 1033. However, the appellate court upheld the trial court’s refusal to take into account the income of the father’s second spouse, based on the evidence in the record. The appellate court stated as follows (553 So. 2d at 1032): We note, however, that our decision in Alt [v. Alt, 453 So. 2d 400, 402 (La. App. 4th Cir. 1983),] does not in any way preclude the taking of evidence on the extent to which the parties to the matrimonial agreement are fulfilling the stipulations of the contract, i.e., whether or not and to what extent the two actually share income notwithstanding the existence of the matrimonial agreement. To rule otherwise would enable a parent to circumvent his child support obligation by executing, but never giving effect to, a marriage contract establishing a separation of property regime. The appellate court explained the suggestion permitting inquiry into “the extent to which the parties to the matrimonial agreement are fulfilling the stipulations of the contract” as being necessary in order to stop a parent from circumventing his child support obligation. The appellate court did not take the position that such inquiries are proper to test all marriage contracts. In the instant case there is not any contention that the marriage contract circumvents any obligation that either petitioner may have toward respondent or any other person that respondent seeks to protect.Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
Last modified: May 25, 2011