Mullen v. Mullen

GULOTTA, Judge.

Plaintiff-wife, appealing, claims the trial judge erred in awarding accumulated past-due alimony pendente lite from the date of the judgment fixing the alimony instead of from the filing of the petition.1 Plaintiff further seeks an increase in the attorney’s fee in accordance with LSA-R.S. 9:305.2

The initial judgment awarding alimony was silent concerning the date of commencement of alimony payments.3 The Second Circuit in such an instance concluded the trial judge had intended the rendition date as the commencement date. Cumpton v. Cumpton, 283 So.2d 846 (La. App. 2nd…