APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 724-068, DIVISION
"C" HONORABLE JUNE B. DARENSBURG, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLEE, ROCHELLE PEIFFER LARSON Cindy
COUNSEL FOR DEFENDANT/APPELLANT, EMILE GERARD LARSON Arita M.
L. Bohannan Lauren Davey Rogers
composed of Judges Fredericka Homberg Wicker, Robert M.
Murphy, and Stephen J. Windhorst
STEPHEN J. WINDHORST, JUDGE.
Emile Larson, seeks review of the trial court's April 29,
2016 judgment granting Rochelle Larson interim spousal
support and an increase in child support and denying Mr.
Larson interim spousal support. For the reasons that follow,
we amend the judgment and affirm as amended.
Larson and Ms. Larson were married on June 26, 1999. On the
same day, the parties executed a pre-nuptial agreement
wherein the parties agreed they would remain separate in
property and they renounced the establishment of a community
of acquets and gains between them. Ms. Larson filed a
petition for divorce on February 21, 2013, requesting child
support and interim spousal support, and in due course, final
spousal support. On February 26, 2013, Mr. Larson filed an
answer and reconventional demand for divorce, requesting
interim spousal support.
1, 2013, the hearing officer recommended that Mr. Larson pay
Ms. Larson child support in the amount of $2, 066.00 per
month, effective February 21, 2013, and ordered Mr. Larson to
pay health insurance, and 78% of uncovered extraordinary
medicals, school tuition, registration, mandatory fees, and
extracurricular activities for the children. The hearing
officer further recommended that once the parties obtained
shared custody (50/50), Mr. Larson's child support
obligation would be reduced to $1, 091.00 per month, plus the
78% uncovered extraordinary medicals, school tuition,
registration, mandatory fees, and extracurricular activities
for the children. Mr. Larson objected to the award of child
support to Ms. Larson. Ms. Larson objected to the amount of
3, 2013, the hearing officer recommended that Mr. Larson pay
Ms. Larson interim spousal support in the amount of $3,
241.00 per month, effective February 21, 2013, and ordered
Mr. Larson to maintain health insurance on Ms. Larson. The
hearing officer further recommended an increase in the
interim spousal support award, effective June 16, 2013, to
the amount of $3, 728.00 per month and ordered Mr. Larson to
maintain health insurance on Ms. Larson. On June 5, 2013,
both Mr. Larson and Ms. Larson objected to the amount of the
interim spousal support award.
September 10, 2013, Ms. Larson filed a supplemental and
amending petition wherein she formally withdrew her request
for final spousal support "at this time."
Larson filed a rule to reduce child support on January 9,
2014, stating that his employment with Stantec Consulting
Services Inc. (Stantec) was terminated through no fault of
his own. Mr. Larson contends that the elimination of his
position resulted in a material change in circumstances
warranting a reduction in his child support obligation.
August 4, 2014, Ms. Larson filed a motion to reset her rules
for contempt and objections. Within that motion, Ms. Larson
also requested an increase in child support. Ms. Larson
contended that Mr. Larson had obtained new employment since
the last time the parties were before the hearing
officer. She also claimed that upon information and
belief, he was earning significantly more than previously and
therefore had more disposable income to allocate to his child
for divorce was granted on June 26, 2014. The parties'
numerous objections to hearing officer recommendations and
motions were set and reset several times due to continuances,
the recusal of two trial court judges, and the transfer to
and return from juvenile court of the parties' spousal
and child support objections and motions. Trial on all of the
parties' outstanding motions and objections was set and
heard over four days on August 26, 2015, August 27, 2015,
January 11, 2016 and January 20, 2016.
trial court awarded Ms. Larson interim spousal support for
the period beginning May 1, 2013 and ending December 26,
2014. Ms. Larson was awarded the amount of $3, 008.00 per
month for the period beginning May 1, 2013 and ending June
16, 2013. For the period beginning June 17, 2013 and ending
December 26, 2014, Ms. Larson was awarded the amount of $3,
638.00 per month. The trial court made the awards executory
and Mr. Larson received a credit in the amount of $12, 501.41
for all previous payments made, as stipulated by the parties.
The trial court denied Mr. Larson's request for spousal
support. The trial court also granted Mr. Larson's rule
to reduce child support, retroactive to the date of filing,
January 1, 2014, and reduced the amount to $401.00 per month.
The trial court further granted Ms. Larson's rule to
increase child support, retroactive to the date of filing,
August 8, 2014, and increased the amount to $1, 081.00 per