Summary
The Louisiana Court of Appeal, First Circuit granted supervisory writs and vacated the trial court’s denial of Julie Holley Palmer’s request for interim periodic spousal support. The court held that the trial court abused its discretion by including support for the parties’ adult children in calculating Jason Edward Palmer’s ability to pay, and remanded for reconsideration without that expense.
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Practice areas
Questions Presented
- Whether the trial court abused its discretion by including support for the parties' adult children in calculating the husband's ability to pay interim periodic spousal support.
- Whether the denial of interim periodic spousal support should be vacated and reconsidered under Louisiana Civil Code article 113(A).
Holdings
- The trial court abused its discretion by including support for the parties' adult children as a living expense when calculating the husband's ability to pay interim periodic spousal support.
Key quotations
“The trial court’s January 14, 2026 judgment denying Julie Holley Palmer’s request for interim periodic spousal support is vacated.”
“We find the trial court abused its discretion by including support for the parties’ adult children in calculating the husband’s ability to pay.”
Factual background
Julie Holley Palmer sought interim periodic spousal support. In assessing the husband's ability to pay, the trial court included support for the parties' adult children as a living expense. The appellate court concluded that this calculation improperly affected the denial of interim spousal support.
Procedural history
The 21st Judicial District Court for Livingston Parish denied Julie Holley Palmer's request for interim periodic spousal support in a January 14, 2026 judgment. The Louisiana Court of Appeal, First Circuit, granted supervisory relief, vacated the judgment, and remanded for reconsideration without including support for the parties' adult children as a living expense.
Remand instructions
The trial court must reconsider and rule on Julie Holley Palmer's request for interim periodic spousal support without including support for the parties' adult children as a living expense.