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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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