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170 La. 104

127 So 379

Beiger v. Beiger

Supreme Court of Louisiana

Decided March 5, 1930

Supreme Court of Louisiana · decided 1930-03-05

Decided 1930-03-05

ST. PAUL, J.

¶1 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.”

¶2 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.

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

¶4 Decree.

¶5 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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