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Cole v. Cole

Court of Appeal of Louisiana, Second Circuit
Sep 27, 1976
338 So. 2d 152 (La. Ct. App. 1976)

Opinion

No. 13002.

September 27, 1976.

APPEAL FROM FIRST JUDICIAL DISTRICT COURT, PARISH OF CADDO, STATE OF LOUISIANA, HONORABLE JOHN F. FANT, J.

Eugene J. Coen, Shreveport, for defendant-appellant.

Whitmeyer Rubenstein by Alex Rubenstein, Shreveport, for plaintiff-appellee.

Before BOLIN, PRICE and HALL, JJ.


This is an appeal from the trial court's refusal to reduce the amount of child support being paid by the father. We affirm the trial court's judgment.

The party requesting a change in an alimony or child support award bears the burden of proving a change in the financial condition of one of the parties. This rule applies to a party seeking a modification of a "consent" judgment. Bernhardt v. Bernhardt, 283 So.2d 226 (La. 1973).

The trial court found that neither parent's income had changed appreciably and that the expenses of supporting the children had increased. We find no error in this factual determination. The change cited by the father was a temporary job held by the oldest child at a McDonald's restaurant. The trial court correctly decided that temporary employment of a minor child which has ended at the time of trial has no bearing on whether a child support award should be modified. The father has shown no circumstances which have changed materially since the original award was made. Consequently, no modification is warranted.

The judgment is affirmed at appellant's costs.

Affirmed.


Summaries of

Cole v. Cole

Court of Appeal of Louisiana, Second Circuit
Sep 27, 1976
338 So. 2d 152 (La. Ct. App. 1976)
Case details for

Cole v. Cole

Case Details

Full title:RUBY COLE, PLAINTIFF-APPELLEE, v. BILLY JOHN COLE, DEFENDANT-APPELLANT

Court:Court of Appeal of Louisiana, Second Circuit

Date published: Sep 27, 1976

Citations

338 So. 2d 152 (La. Ct. App. 1976)

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