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Welch v. Welch

Court of Appeals of Louisiana, Second Circuit

August 9, 2017

ANGELA M. WELCH Plaintiff-Appellant
v.
NORMAN A. WELCH Defendant-Appellee

         Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana Trial Court No. 592, 124 Honorable Erin Leigh Waddell Garrett, Judge

          MAMIE FRANKLIN Counsel for Appellant

          RON CHRISTOPHER STAMPS Counsel for Appellee

          Before BROWN, MOORE, and STONE, JJ.

          MOORE, J.

         Angela Welch appeals a judgment that denied her claims for interim and final spousal support. For the reasons expressed, we affirm.

         FACTUAL BACKGROUND

         The Parties' Pleadings

         According to Angela's petition, she and the defendant, Norman Welch, got married on September 14, 2012, in Shreveport; they had no children together; they established a marital home on Bert Kouns, in the Summer Grove area of Shreveport; and Norman left that home on December 16, 2015.

         Angela filed this petition for Art. 102 divorce on April 12, 2016. She demanded interim and final spousal support. In an income-and-expense affidavit filed in August 2016, she claimed she was drawing unemployment benefits ("UI") of $660 a month and earning about $800 a month cleaning people's houses; she claimed monthly expenses of $2, 311. Notably, her expenses included rent or house note of $1, 000, auto insurance of $150, and utilities (gas, water, electric) of $312.

         Three months later, Norman filed his income-and-expense affidavit, claiming income of $2, 150 a month (in brief, he asserts this was actually a bimonthly amount), less withholdings and deductions of $1, 516, leaving him only about $258 net. He claimed monthly expenses of $7, 189, creating a monthly deficit of $6, 930. Notably, his expenses also included a house note of $1, 400 and utilities of $370, both for the house on Bert Kouns, and auto insurance of $350, covering the car Angela was driving.

         Shortly before the hearing, Angela filed an amended affidavit that her housecleaning income had dropped to $200-$400 a month, so her total income was now a mere $860-$1, 060.

         Trial Testimony

         At the hearing on final divorce and spousal support, December 5, 2015, the district court granted the parties' Art. 102 divorce and reserved their rights to partition any community property. The court also addressed various discovery matters. Both ...


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