- 36 - and that they bought “all their [large] property and other assets” separately as evidence that they did, indeed, conform to the terms of their marriage contract. We agree with petitioners’ conclusions for the following reasons. Firstly, because respondent relies on Knoepfler v. Knoepfler, supra, and that case has some surface similarities to the instant case, it may be appropriate to examine more deeply the setting of Knoepfler and the expressed rationale of the Louisiana courts. Knoepfler v. Knoepfler, supra, was a dispute about the level of required child support obligations, the parents having divorced each other and each having married a new spouse. The father had been ordered to pay child support. The father moved to decrease the amount of child support; the mother responded with a petition to increase the amount of child support. At the trial court hearing, the father: introduced into evidence the matrimonial agreement in which Mr. Knoepfler and his second spouse established a separation of property regime. The [trial] court disallowed testimony as to the intent behind the agreement. The court stated that he was “not considering the [second] wife’s income.” 553 So. 2d at 1032. The trial court decreased the amount of child support. The mother appealed, assigning as error (1) the trial court’s refusal to consider the income of the father’s second spouse and (2) the trial court’s conclusion that the evidence showed a change in circumstances which could justify the reduction. 553 So. 2d atPage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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