Gonzales v. Gonzales
Gonzales v. Gonzales
Opinion of the Court
This is an appeal from a judgment of the district court rendered September 19, 1983 and signed October 10, 1983 reducing child support payments from $1100.00 per month to $750.00 per month, effective August 16, 1983. From that judgment in his favor, the non-custodial parent appeals, arguing that he should be relieved from the burden of paying child support or alternatively, the amount should be further reduced.
Christy Leggio and Ernest Bernard Gonzales were married in St. Bernard Parish. There is one child issue of the marriage, Cassie Jo Gonzales, age 7. The Gonzaleses separated "in 1975. A judgment of divorce was rendered July 6, 1983 awarding custody to the mother and ordering the father to pay $1100.00 monthly child support. The July 6th judgment was not appealed. On August 16, 1983, the non-custodial parent filed a motion to reduce child support.
The trial court judge committed an error of law. In order for a prior judgment to be increased or reduced, the mover must show that a change in circumstances has occurred. The prior judgment of July 6, 1983 granting $1100.00 was not appealed and is a final judgment. On the record, appellant made absolutely no showing of change in circumstances between July 6, 1983 and August 16, 1983. In fact, all of the evidence establishes that no change in circumstances has occurred. This court believes that justice, equity, and consistent application of the law
For the reasons discussed, the judgment of the district court is affirmed.
AFFIRMED.
. See: C.C.P. Art. 2164.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.