Michael J. Downing and Sandra M. Downing - Page 37

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          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.                                                








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