Hitchens v. Hitchens’s Empirical Analysis

Citation profile

12 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The purpose of interim spousal support is to maintain the status quo without unnecessary economic dislocation until a final determination of support can be made and until a period of time of adjustment elapses that does not exceed, as a general rule, 180 days after the judgment of divorce. Defatta v. Defatta , 32,636, 32,637 (La. App. 2d Cir. 2/1/00), 750 So.2d 503 ; Reeves v. Reeves , 36,259 (La. App. 2d Cir. 7/24/02), 823 So.2d 1023 . A spouse's right to claim interim periodic support is based on the statutorily-imposed duty of the spouses to support each other during their marriage. McAlpine v. McAlpine , 94-1594 (La. 09/05/96), 679 So.2d 85 . The needs of the wife have been defined as the total amount sufficient to maintain her in a standard of living comparable to that enjoyed by her prior to the separation, limited only by the husband's ability to pay. Whatley v. Whatley , 430 So.2d 129 (La. App. 2d Cir. 1983) ; Braswell v. Braswell , 494 So.2d 1333 (La. App. 2d Cir. 1986). In order to demonstrate the need for interim periodic spousal support, the claimant has the burden of proving that he or she lacks sufficient income, or the ability to earn a sufficient income, to maintain the standard of living that he or she enjoyed during the parties' marriage. Clark v. Clark , 34,314 (La. App. 2d Cir. 11/1/00), 779 So.2d 822 ; Thomey v. Thomey , 33,000 (La. App. 2d Cir. 4/7/00), 756 So.2d 698 ; Hollowell v. Hollowell , 437 So.2d 908 (La. App. 2d Cir.1983).”

   3 later decisions quote this exact passage
   e.g. Randle v. Randle · 893 So. 2d 981 - Derouen v. Derouen

2. “is not limited to income, but also includes any resource from which his or her needs can be supplied, including a spouse's earning capacity.”

   2 later decisions quote this exact passage
   e.g. 96 So. 3d 552 - Short v. Short · 893 So. 2d 981 - Derouen v. Derouen