Supreme Court of Louisiana, 1930

Beiger v. Beiger

Beiger v. Beiger
Supreme Court of Louisiana · Decided March 5, 1930 · Paul
127 So. 379; 170 La. 104; 1930 La. LEXIS 1677 (Southern Reporter)

Beiger v. Beiger

Opinion of the Court

ST. PAUL, J.

This is an appeal from a judgment fixing, alimony pendente lite as follows, to wit: “That the plaintiff, Mrs. John J. Beiger, have judgment against defendant John J. Beiger, her husband, for alimony for thei support of *106 Herself and her two minor children in the sum of $100 per month, if she vacates the marital premises on Robert and Willow streets; and .$75 per month, if the defendant moves from said premises and provides same as a home for plaintiff and her children; the first payment of alimony to be due on July 1st, 1929.”

The evidence shows that defendant’s net income is $168 per month, out of which he spends about $47 for food, and (say) $25 for rent; leaving him therefore with less than $100 to meet award for alimony, fixed as above set forth.

Our conclusion is that the amounts allowed by the district judge are too high and should be reduced to $80 and $60, respectively.

Decree.

For the reasons assigned, the judgment appealed from is amended by reducing the alimony allowed plaintiff to $80 per month if she vacates the marital premises on Robert and Willow streets, and $60 per month if the defendant moves from premises and provides same as a home for plaintiff and her children. And as thus amended the judgment is affirmed. Cost of appeal to be paid by plaintiff.

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