DANIEL J. LIGHTELL
TAMMY E. LIGHTELL
APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 753-065, DIVISION
"B" HONORABLE CORNELIUS E. REGAN, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLEE, DANIEL J. LIGHTELL STEPHEN R.
COUNSEL FOR DEFENDANT/APPELLANT, TAMMY E. LIGHTELL RENEE L.
composed of Judges Susan M. Chehardy, Robert A. Chaisson, and
Hans J. Liljeberg
J. LILJEBERG, JUDGE
Tammy E. Lightell, seeks review of the trial court's May
31, 2017 Judgment, which maintained appellee, Daniel
Lightell's objection to hearing officer recommendations
and found Ms. Lightell's interim spousal support award
should terminate retroactive to the date of judicial demand
pursuant to La. R.S. 9:321(A). For the reasons set forth more
fully below, we reverse the trial court's judgment and
find that pursuant to La. C.C. art. 113(B) and La. R.S.
9:321(B)(1), Ms. Lightell's interim spousal support award
terminated on March 7, 2017, the date the trial court entered
its judgment finding Ms. Lightell at fault for the
dissolution of the marriage and therefore, ineligible for
final spousal support.
AND PROCEDURAL HISTORY
parties married on April 30, 1982, and have four children who
are all of the age of majority. On August 31, 2015, Mr.
Lightell filed a petition for divorce. In response, Ms.
Lightell filed an answer and reconventional demand alleging
she was free from fault in the termination of the marriage
and entitled to interim and final spousal support. The
parties appeared before a hearing officer on October 13,
2015, who recommended that Mr. Lightell pay Ms. Lightell $4,
623.00 per month for interim spousal support effective on
October 15, 2015. Mr. Lightell filed an objection to the
hearing officer's recommendation and on January 25, 2016,
the parties entered into a consent judgment on the record
awarding Ms. Lightell $5, 000.00 per month for interim
spousal support. The trial court entered a written judgment
on March 1, 2016.
February 26, 2016, Mr. Lightell filed a Motion to Place
Former Family Home on the Market and Motion to Determine
Fault with a Rule to Terminate Spousal Support. With respect
to his request to determine fault and terminate spousal
support, Mr. Lightell alleged as follows:
5. Further, Mover avers that TAMMY LIGHTELL has requested
interim and final periodic spousal support.
6. Mover avers that TAMMY LIGHTELL is at fault for the
termination of the marriage.
7. Accordingly, Mover seeks a hearing for purposes of
determining fault and terminating spousal support.
Lightell did not specifically seek to modify or revoke the
March 1, 2016 Judgment awarding interim spousal support in
trial court entered a final judgment of divorce on September
8, 2016. On February 21, 2017, the parties appeared for a
trial on the rule to determine fault. At the conclusion, the
trial court took the matter under advisement. On March 7,
2017, the trial court rendered a judgment finding Ms.
Lightell was not free from fault in the break-up of the