LARRY CLARKE, JR.
JUANITA NARCISSE CLARKE
APPEAL FROM THE TWENTY-THIRD JUDICIAL DISTRICT COURT PARISH
OF ST. JAMES, STATE OF LOUISIANA NO. 37, 160, DIVISION
"B" HONORABLE THOMAS J. KLIEBERT, JR., JUDGE
COUNSEL FOR PLAINTIFF/APPELLEE, LARRY CLARKE, JR. Floyd J.
COUNSEL FOR DEFENDANT/APPELLANT, JUANITA NARCISSE CLARKE
Anthony T. Marshall
composed of Susan M. Chehardy, Fredericka Homberg Wicker, and
Marc E. Johnson
M. CHEHARDY CHIEF JUDGE
appeal, Juanita Narcisse Clarke appeals the trial court's
award of child custody, child support, and dependent tax
credit. For the following reasons, we affirm in part, but
vacate the August 1, 2016 judgment entirely and the child
support award from the July 25, 2016 judgment, reinstate the
child support award from the February 3, 2016 Order, and
remand for further proceedings.
AND PROCEDURAL BACKGROUND
March 31, 1989, Juanita and Larry Clarke, Jr. were married.
Thereafter, the parties established their matrimonial
domicile in St. James Parish. Three children were born of the
marriage but only one child is a minor at the center of this
August 19, 2015, Larry filed a Petition for 102 Divorce
seeking: joint custody of L. N.C.,  whose date of birth is April
2, 2002, with designation of himself as domiciliary parent;
child support from Juanita; the right to declare L. N.C. as a
dependent on Larry's state and federal income taxes;
exclusive use of the community home; and other demands not
pertinent to this appeal. Juanita answered and reconvened,
demanding joint custody with designation of herself as
domiciliary parent; child support for L. N.C. ; exclusive use
of the community home; and interim and final spousal support.
November 12, 2015, the trial judge ordered the parties to
mediation and set a hearing on the pending motions for
February 3, 2016.
December 7, 2015, through new counsel of record, Juanita
filed a Rule for Child Custody, Child Support, Spousal
Support, and Use of the Family Home, asserting that it was in
the best interest of the minor child, L. N.C., that the
parties have joint custody with Juanita designated as the
domiciliary parent with reasonable visitation in favor of
Larry. Juanita further prayed for child support, interim
spousal support, final spousal support for 180 days after ...