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Malone v. Malone

Supreme Court of Louisiana
May 6, 1994
637 So. 2d 1039 (La. 1994)

Opinion

No. 94-C-0594.

May 6, 1994.

In re Malone, Eleanor Katheryn; — Defendant(s); applying for writ of certiorari and/or review; to the Court of Appeal, Fifth Circuit, No. 93-CA-0725; Parish of Jefferson, Twenty-Fourth Judicial District Court, Div. "N", No. 352-183.


The court has ordered and reviewed the record in this case. Given the lack of any evidence in the record reflecting a real change in either spouses' circumstances and the trial court's recognition that the husband's ability to pay has not been impaired by his reduction in income, we find the trial court abused its discretion in reducing the wife's alimony as originally set by consent judgment. Accordingly, we remand to the trial court with instructions that the wife's originally set alimony be reinstated. We also expressly recognize the husband's right to reurge his motion to reduce or terminate alimony and to support that motion with proof of the requisite change of circumstances. See Rhinehart v. Rhinehart, 475 So.2d 43 (La.App. 2d Cir.), writ denied, 477 So.2d 692 (La. 1985) (citing Bernhardt v. Bernhardt, 283 So.2d 226 (La. 1973)).

CALOGERO, C.J., and HALL and ORTIQUE, JJ., would grant the writ and docket for argument.

DENNIS, J., not on panel.


Summaries of

Malone v. Malone

Supreme Court of Louisiana
May 6, 1994
637 So. 2d 1039 (La. 1994)
Case details for

Malone v. Malone

Case Details

Full title:LEONARD GRAML MALONE v. ELEANOR KATHERYN MALONE

Court:Supreme Court of Louisiana

Date published: May 6, 1994

Citations

637 So. 2d 1039 (La. 1994)

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