Noto v. Noto

SCHOTT, Judge.

This appeal is by a divorced husband from an alimony award of $260 per month. The issue is whether the award was proper considering the circumstances of appellee and the provisions of Act 72 of 1979 amending LSA C.C. Art. 160, requiring the court to consider appellee’s earning capacity in making the award.

The parties were divorced after 31 years of marriage and the community was settled with appellee receiving a mortgage free house containing four apartments, one of which she occupies and another of which produces $200 per month rent. The other two apartments are unrented…