Bates v. Bates

hOn March 2, 2004, defendant, John W. Bates, filed a motion for reduction of child support. Mr. Bates asserted that his incarceration made it impossible for him to meet his support obligation. Plaintiff, Penny Travis Bates, opposed the motion. By a judgment signed on June 2, 2004, the trial court denied the motion to reduce. Mr. Bates appealed. We affirm.

During the hearing on the motion, the trial court likened Mr. Bates’ voluntary decision to commit a crime to a parent who chose to be underemployed or unemployed. See LSA-R.S. 9:315.11. Although the trial court agreed not to hold Mr. Bates in…