Michael J. Downing and Sandra M. Downing - Page 38

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               The appellate court in Knoepfler did not describe the                  
          inquiry in terms of the validity of the marriage contract (i.e.,            
          whether the spouse owns a present undivided interest in the                 
          earnings of the other spouse), but only whether the other                   
          spouse’s income ought to be taken into account in applying                  
          Louisiana’s child support laws.  553 So. 2d 1032-1033.  In the              
          instant case, the only inquiry is as to the validity of the                 
          marriage contract in order to decide whether Sandra and Michael             
          each had a present undivided interest in the earnings of the                
          other.                                                                      
               Secondly, all of the opinions cited by respondent discuss              
          commingling in terms of mixing separate property with community             
          property, not separate property with separate property.  See,               
          e.g., Thibodaux v. Thibodaux, 577 So. 2d 758 (La. App. 1st Cir.             
          1991).  Even so, those cases hold that depositing separate funds            
          and community funds into the same bank account does not                     
          necessarily “extinguish the separate character of either the                
          husband’s or the wife’s separate funds; only indiscriminate                 
          commingling, so that one cannot identify or differentiate among             
          the funds, results in the account being deemed community.”                  
          McMorris v. McMorris, 654 So. 2d 742, 746 (La. App. 1st Cir.                
          1995).  Thus, even when separate funds are mixed with community             
          funds, it is only when those funds are “indiscriminately                    








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