Salvador Coscarart v. Gina Louise Beaugh Coscarart

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

15-794

SALVADOR COSCARART VERSUS GINA LOUISE BEAUGH COSCARART

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APPEAL FROM THE

TWENTY-SEVENTH JUDICIAL DISTRICT COURT

PARISH OF ST. LANDRY, NO. 08-C-0208-B HONORABLE ADAM GERARD CASWELL, DISTRICT JUDGE

********** JOHN D. SAUNDERS JUDGE **********

Court composed of John D. Saunders, Elizabeth A. Pickett, and John E. Conery, Judges.

REHEARING GRANTED; AFFIRMED AS AMENDED.

Jack Derrick Miller Attorney at Law P. O. Box 1650 Crowley, LA 70526 (337) 788-0768 COUNSEL FOR DEFENDANT/APPELLANT:

Gina Louise Beaugh Coscarart Randall M. Guidry Durio, McGoffin, Stagg & Ackerman PO Box 51308 Lafayette, LA 70505 (337) 233-0300 COUNSEL FOR PLAINTIFF/APPELLEE:

Salvador Coscarart Nicole B. Breaux Attorney at Law 415 N. Parkerson Ave. Crowley, LA 70527-1650 (337) 783-0888 COUNSEL FOR DEFENDANT/APPELLANT:

Gina Louise Beaugh Coscarart SAUNDERS, Judge.

Gina Coscarart (“Gina”) appealed from the judgment of the trial court that increased the amount of final spousal support to be paid by her former husband, Salvador Coscarart (“Sal”). We amended the judgment of the trial court to further increase the award of support and affirmed as amended. In her application for rehearing, Gina asserts we erred in our calculation of the support award. We agree and grant the rehearing in this case for the limited purpose of correcting a simple error of calculation in increasing the amount of final spousal support to be paid by Sal.

In our original opinion, we found Sal’s gross monthly income to be $9,152.52 per month. After consideration of his payroll deductions and substantiated expenses, we found his net income to be $6,763.61 per month and his disposable income to be $4,710.86, per month. The parties stipulated that Gina had a monthly income of $478.00 and monthly expenses of $3,340.71; her expenses exceeded her income by $2,862.71 per month. Thus, we amended the judgment of the trial court to require Sal to pay Gina final periodic spousal support in the amount of $1,570.29 per month, which was one-third of his monthly disposable income. However, the award should have been calculated on his net income. La.Civ.Code art. 112. Thus, we amend our original opinion to require Sal to pay Gina $2,254.54 per month in final spousal support, which is one-third of his net income of $6,763.61.

Decree

For the foregoing reasons, we amend our original opinion to correct our error calculating the award of support to Gina. Costs of this rehearing are assessed to Appellee, Salvador Coscarart. All other aspects of our original judgment are affirmed.

REHEARING GRANTED; AFFIRMED AS AMENDED.