### STATE OF LOUISIANA COURT OF APPEAL 

### FIRST CIRCUIT

2023 CA 0145 JOHNNIE STOCKTON, III 

# A VERSUS SANDRA STOCKTON

JUDGMENT RENDERED: OCT 1. 8 2M Appealed from The Twenty - First Judicial District Court Parish of Livingston • State ofLouisiana Docket Number 165,238 • Division K The Honorable Jeffery T. Oglesbee, Presiding Judge

Jenel Guidry Secrease COUNSEL FOR APPELLANT Ponchatoula, Louisiana PLAINTnor— Johnnie Stockton, III Sherman Q. Mack COUNSEL FOR APPELLEE C. Glenn Westmoreland DEFENDANT— Sandra Stockton Kimberly L. Resetar Albany, Louisiana

BEFORE: WELCH, HOLDRIDGE, AND WOLFE, JJ.WELCH, J. Johnnie Stockton, 

### III appeals a judgment partitioning the community of acquets and gains previously existing between him and Sandra Stockton and awarding Sandra Stockton final spousal support for a period offive years. Finding 

### neither manifest error in the trial court's underlying factual findings noran abuse of the trial court' s vast discretion with regard to such matters, we affirm. BACKGROUND Mr. Stockton and Ms. Stockton were married on December 7, 1985, and 

### during their marriage, they had three children, all of whom are now majors. The 

### parties physically separated around September 17, 2020, and on October 19, 2020, Mr. Stockton filed a petition for divorce. On October 27, 2020, Ms. Stockton filed 

### an answer and reconventional demand, likewise seeking a divorce as well as other incidental relief. 

### On December2, 2020, the parties entered into a stipulatedjudgment. Among other things, this stipulated judgment terminated the parties' community property regime, and it awarded Ms. Stockton exclusive use of the former matrimonial domicile, subject to the reservation of Mr. Stockton' s right to seek rental reimbursement for Ms. Stockton' s exclusive use of the home. The stipulated 

### judgment also provided that beginning December 15, 2020, Mr. Stockton would pay the mortgage, property tax, and [ homeowner' s] insurance on the former matrimonial domicile[,]" that he would pay "[ Ms.] Stockton' s vehicle note and auto insurance as interim spousal support[,]" and that he would " pay $500.00 to [ Ms.] Stockton as interim spousal [support]," with no retroactive support being owed. 

### Mr. Stockton subsequently filed a petition to partition community property, together with a detailed descriptive list ofcommunity assets, community liabilities,

and reimbursement claims. Thereafter, on November 16, 2021, a judgment of divorce was rendered and signed. Ms. 

### Stockton subsequently filed a rule for

2contempt, claiming that Mr. Stockton had violated the terms of the December 2,



### 2020 stipulatedjudgment and was in contempt ofcourt because he stopped paying the mortgage, deeming it interim spousal support that was no longer owed, and a rule seeking permanent spousal support. 

### A trial to partition the community and on Ms. Stockton' s rule for contempt and permanent spousal support was held on September 22, 2022, A joint detailed 

### descriptive list setting forth both parties lists of community assets, community liabilities, and reimbursement claims, as well as their concurrences and traversals
was offered into evidence. 

### As evidenced by thejoint detailed descriptive list, the partition portion of the trial involved numerous claims between the parties. 

### However, ofparticular importance to this appeal were the following issues: ( 1) the 

### value and allocation ofthe community enterprise, Stockton Paint Company; ( 2) the value and allocation ofcommunity movables that were located in the matrimonial 

### domicile until it was sold and thatwere thereafter disposed ofby Ms. Stockton; (3) 

### Ms. Stockton' s reimbursement claim for community funds used to purchase and 

### improve a camp that was Mr. Stockton' s separate property, which was destroyed by Hurricane Ida ( but was insured); and ( 4) Mr. Stockton' s reimbursement claim for one-half of the fair market rental value of the matrimonial domicile due to Ms. Stockton' s exclusive use and occupancy ofthat home. At the conclusion of trial, the trial court took the matter under advisement, and thereafter,on October 17, 2022, issued written reasons forjudgment partitioning the community, adjudicating the reimbursement claims ofthe parties, and awarding Ms. Stockton permanent spousal support. With regard to the community property partition issues pertinent to this appeal, the trial court valued Stockton Paint Company at $

### 202,000.00, which was based on the testimony ofMichelle Avery, an expert witness, and it allocated that asset to Mr. Stockton. Further, the trial court, noting the " inherent lack of evidence" regarding the value of the community

3

### movables that were previously located in the matrimonial domicile, determined that

those community movables had no inherent value, as those items were donated or 

### disposed of by Ms. Stockton following the sale ofthe matrimonial domicile and neither Mr. Stockton nor Ms. Stockton made arrangements to preserve those items. 

### Therefore, the trial court did not place a value or allocate any ofthose movables. The trial court granted Ms. Stockton' s reimbursement claim for one-half of the 

### community funds that were used to acquire and improve the camp that was Mr. 

### Stockton's separate property in the amount of $ 45, 000.00. The trial court also granted Mr. Stockton' s claim for reimbursement for one-halfthe fair market rental value ofthe matrimonial domicile due to Ms. Stockton' s exclusive use, set the fair
market rental value at $

### 722.00, which was the amount ofthe monthly mortgage note on the home, and awarded him reimbursement in the total amount of $7, 581. 00. With regard to permanent spousal support, the trial court found that Ms. Stockton was free from fault in the termination ofthe marriage, that Ms. Stockton was in need 

### ofsupport, and that Mr. Stockton had the ability to pay support. Therefore, based
on the evidence, the trial court awarded Ms. Stockton permanent spousal support in the amount of $

300.00 per month for a period of five years from the termination of 

### her interim spousal support on May 15, 2022. A judgment in accordance with the trial court' s written reasons forjudgment
was signed on November 15, 2022. Mr. Stockton now appeals, challenging the trial 

### court's ruling with regard to the value and allocation of Stockton Paint Company; the value ofand failure to allocate to Ms. Stockton the community movables that were in the matrimonial domicile until it was sold; Ms. Stockton' s reimbursement 

### claim for community funds that were used to purchase and improve the camp that was Mr. Stockton' s separate property; the fair market rental value placed on the 

### former matrimonial domicile by the trial court in adjudicating his reimbursement claim in that regard; and its award ofpermanent spousal support to Ms. Stockton.

4COMMUNITY PROPERTY PARTITION



### When the spouses are unable to agree on a partition ofcommunity property or on the settlement of the claims between the spouses arising either from the matrimonial regime, 

### or from the co - ownership of former community property following termination ofthe matrimonial regime, either spouse, as an incidentofthe action that would result in a termination of the matrimonial regime or upon 

### termination of the matrimonial regime or thereafter, may institute a community property partition. La. R.S. 9:2801( A). 

### The court shall partition the community by valuing the assets as ofthe time of 

### trial on the merits, determining the liabilities, and adjudicating the claims ofthe parties. La. R.S. 9:2801( A)(4)( a). 

### The court shall divide the community assets and 

### liabilities so that each spouse receives property of an equal net value. La. R.S. 9: 2801( A)(4)( b). The court shall allocate or assign to the respective spouses all of 

### the communityassets and liabilities. La. R.S. 9:2801 ( A)(4)(c). In deciding to whom 

### an asset or liability shall be allocated,the court shall considerthe nature and source of the asset or liability, the economic condition of each spouse, and any other circumstances the court deems relevant. La. R.S. 9: 2801( A)(4)( c). 

### A trial court's factual findings and credibility determinations made in the 

### course ofvaluing and allocating assets and liabilities in the partition ofcommunity 

### property may not be set aside absent manifest error or unless clearly wrong. Berthelot v. Berthelot, 2017- 1055 ( La.App. 1st Cir. 7118118), 254 So. 3d 800, 806. 

### In valuing assets, the trial court is not required to accept, at face value, the valuation placed on assets by either spouse. If the trial court's valuations are reasonably 

### supported by the record and do not constitute an abuse of discretion, its determinations should be affirmed. Berthelot, 254 So.3d at 816; Rao v. Rao, 2005- 

### 0059 (La. App. 1st Cir. 11/ 4105), 927 So.2d 356, 360-361, writ denied, 2005-2453 La. 3/ 24/06), 925 So.2d 1232. Furthermore, the trial court' s allocation or assigning

5

### ofassets and liabilities in the partition ofcommunity property is reviewed underthe

abuse of discretion standard. Berthelot, 254 So.3d at 808. Likewise, reimbursements are factual determinations and absent manifest error or an abuse of discretion, the trial court' s decision should not be disturbed on appeal. Pierce v. 

### Pierce, 2019-0689 (La.App. 1St Cir. 2/21/2020), 298 So - 3d 902, 911 

### On appeal, Mr.Stockton contends thatthetrial courterred invaluing Stockton Paint Company at $

### 202,000.00 and in allocating itto him. According to the record, 

### during the parties' marriage, Mr. 

### Stockton re - started Stockton Paint Company, which was a company that Mr. Stockton and his father had started. Mr. Stockton 

### testified that the business does approximately 90% 

### commercial painting, that it employs himself and the parties' major son, and that it consists offour ladders, two spray rigs, and Mr. Stockton' s personal cell phone number. 

### According to Mr. 

### Stockton, Stockton Paint Company had a value of $ 53, 000.00 and he was willing to have it valued at $50,000.00 and allocated to Ms. Stockton in the partition. 

### On the other hand, Ms. Stockton offered the testimony ofMichelle Avery, a 

### Certified PublicAccountant who is also certified in business evaluations. Ms.Avery 

### was retained by Ms. Stockton for the purpose ofvaluing Stockton Paint Company. In connection with Ms. 

### Avery' s testimony, 

### a report by Ms. Avery was also 

### introduced, which explained Ms. Avery's methodology in determining the value of Stockton Paint Company. According to Ms. 

### Avery's testimony and report, she 

### considered two approaches to valuing Stockton Paint Company: the income - based approach, which yielded a value of $390,000.00 and the market- based approach,
which yielded a value of $ 182, 000.00. 

### Ms. Avery explained thatthe income - based 

### approach is the value of the company with goodwill, whereas the market-based approach excludes goodwill. 

### According to Ms.Avery' s report, as ofDecember 21, 2021, 

### Stockton Paint Company had a value of approximately $ 202,000.00. Ms. 

### Avery explained that this number was based on the value from the market-based

rnapproach of $ 182,000.00 ( the value of the company without Mr. Stockton' s goodwill) plus the sum of $

### 20,000.00, which was the amount of excess working capital that was in the company' s bank account. 

### In its written reasons forjudgment,the trial court found that Ms. Avery " had completed a comprehensive review ofthe company[,] which included her review of
similar situated companies, the bank statements and tax information for the 

### company, including the revenue history forthe lastfive years." The trial court also 

### found Ms. Avery's testimony " very [ 

### informative] and enlightening regarding the 

### methodologyandanalysis regarding hervaluation" ofStockton Paint Company. The 

### trial court further found that, despite Mr. Stockton's testimony that the " company was a one-man show with only his son as a consistent employee, the evidence suggest[ ed] otherwise." 

### Therefore, based on the testimony of Ms. Avery and the other evidence, the trial court found that Stockton Paint Company had a fair market value of $

202,000.00, and it allocated that asset to Mr. Stockton. Based on our review of the record and the evidence at trial, we find the trial 

### court's factual finding that Stockton Paint Company had a value of $ 202,000.00 to be reasonably supported by the record, particularly the testimony ofMs. Avery and, 

### as such, it is notmanifestlyerroneous. While Mr.Stockton obviously disagreed with Ms. Avery's opinion and the method that she used to place a value on the business, 

### the trial court' s decision to credit the testimony of Ms. Avery over that of Mr. Stockton was not manifestly erroneous. Indeed, the trier offact is free to accept or reject the testimony of any witness, and further, its reasonable evaluations of 

### credibility and reasonable inferences of fact should not be disturbed on review. Berthelot,254 So.3d at 806-507 and 509. Likewise, considering all ofthe evidence 

### regarding the nature ofStockton PaintCompany,how itwas run duringthe marriage by Mr. Stockton, and the circumstances ofthe parties, we cannot say that the trial

7court' s decision to allocate that asset to Mr. Stockton was an abuse of its vast

discretion. 

### Next,with respect to the valuation and/or allocation ofcommunity movables 

### that were in the matrimonial domicile priorto it being sold, Mr. Stockton contends that the trial court should have assessed Ms. Stockton with the value of those movables since she unilaterally disposed ofthem. The community movables that 

### Mr. Stockton claims that the trial court should have included were approximately fifty items, which were essentially household and personal items such as workout equipment, dishes, pots and pans, used television sets and otherappliances. The trial court noted, in its reasons forjudgment,thatthe parties disagreed about the value of 

### the household items, furniture and movables, and that the majority ofthe values that the parties placed on their detailed descriptive list were " their own guess as to the value ofthe respective items." The trial court noted that "[ i] n addition to the inherent 

### lack of evidence regarding the valu[e] ofthese items," the evidence revealed that 

### following the sale ofthe matrimonial domicile, Ms. Stockton knew that they had 

### approximatelythirty days in which to vacate the home and to allocate the household items acquired during the parties' marriage. The trial court further noted that Ms. 

### Stockton testified that she sent Mr.Stockton a proposal regarding the division ofthe movables and she also provided him with several dates and times wherein he could 

### retrieve any items from the home. Mr. Stockton testified that he did not agree with 

### Ms. Stockton' s allocation ofthe community movables orherdemands as to when he could access the former matrimonial domicile. Therefore, he never went to the 

### matrimonial domiciletoretrieve any items. Accordingto Ms. Stockton,because she had to vacatethe matrimonial domicile and had nowhere to store items remaining in the home, she had to donate the items. 

### The trial court, noting that Mr. Stockton 

### failed to make arrangements to remove any ofthe community movables, but was 

### claiming, attrial, thatthose movables had significantvalue, declined to value those

EVu

## items, finding that had Mr.Stockton orMs. Stockton believed those items had any

inherent value, theywould have made arrangements to preserve those items priorto the sale ofthe matrimonial domicile. 

### Basedon ourreviewofthe record,includingthe lackofevidence establishing any value of those community movables, household items, or personal items, we 

### find no error inthe trial court's factual finding thatthose movable had no value nor in its decision not to allocate those items. Next, with respect to reimbursement claims, Mr. Stockton challenges the trial 

### court's decision to award Ms. Stockton reimbursement for community funds that 

### were usedto acquire and improve acampthatwas Mr.Stockton's separate property, which,although destroyed by Hurricane Ida,was insured. Mr.Stockton' s testimony revealed that he used $

### 70,000.00 in community funds to acquire this camp and that he spent an additional " 

### 15, 20thousand" in community fundsto improve that camp. Based on this testimony,the trial court awarded Ms. Stockton reimbursement in the amount of $

45, 000.00 or one-half of $ 90,000.00 ($ 70,000. 00 + $ 20,000.00). 

### On appeal, Mr. Stockton, noting that the court is required to value the assets as ofthe time oftrial on the merits, argues that since the camp was destroyed by Hurricane Ida, it had no value. Therefore, Mr. Stockton contends that it was inequitable for Mr. Stockton to owe reimbursement in the amount of $ 45, 000.00 for 

### something that he no longer has. However, we find no merit to this argument. First, and foremost, we note that La. R.S. 9: 2801( A)(4)( a) provides that the 

### court shall partition the community by valuing the assets as ofthe time oftrial on 

### the merits, determining the liabilities, and adjudicating the claims of the parties. 

### Notably,the camp was not a community assetto be valued attrial and partitioned in the community—

### it was Mr. Stockton' s separate property. Further, Mrs. Stockton 

### made a reimbursement claim,which was aclaim to be adjudicated bythe trial court. Ms. Stockton' s reimbursement claim was based on La. C.C. art. 2366, which

9provides that " 

### Ji] f community property has been used during the existence ofthe

community property regime ... for the acquisition, use, improvement, or benefit of the separate property ofa spouse, the other spouse is entitled to reimbursement for 

### one-halfofthe amount or value that the communityproperty had at the time it

was used." ( Emphasis added). Therefore, based on the clear and unambiguous language of this article, Ms. 

### Stockton' s reimbursement claim is based on the value the community property had atthe time it was used. Further, she is entitled to reimbursement for the value ofthe 

### community property at the time it was used, regardless ofthe value ofthe separate property at the time of trial. Therefore, based on the applicable law and the 

### testimony ofMr.Stockton that he utilized $70,000.00 in community fundsto acquire 

### the camp and that he used an additional $ 15, 000.00-$

### 20,000.00 in communityfunds
on improvements ( 

### for a total sum of approximately $$ 5, 000.00-$ 90,000.00 in 

### community funds on his separate property), we find no manifest error or abuse of discretion in the trial court' s award of reimbursement to Ms. Stockton in the amount 

### of $ 45,000.00,which sum represents one-halfofthe value ofcommunity funds used. Mr. Stockton also challenges the amount ofreimbursement he was granted for 

### one-half the fair market rental value of the family home due to Ms. Stockton' s exclusive use ofthat home. Mr. Stockton' s right to reimbursement in this regard is 

### governed by La.R.S. 9:374, and it provides, in relevant part: B. When the family residence is community property ..., after or in 

### conjunction with the filing ofa petition for divorce, either spouse may petition for, and a court may award to one of the spouses, after a 

### contradictory hearing, the use and occupancy ofthe family residence
C. A spouse who, in accordance with the provisions of Subsection A or 

### B ofthis Section, uses and occupies or is awarded by the court the use and occupancyofthe family residence, ... shall not be liable to the other spouse for rental for the use and occupancy, except as hereafter provided.

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### D. In a proceeding for divorce orthereafter,a spouse may move foran award ofrent at any time. 

### Aftera contradictory hearing,the court may award rent to be paid by a spouse exercising exclusive use and occupancy ofa residence whether byjudgment or in fact. The award 

### shall be retroactive to the date offiling ofthe motion, but rent shall be awarded only forthe period ofexclusive occupancy. The adjudication 

### ofthe issue ofrent and the amount thereofmay be deferred to a later date bythe court or by agreement ofthe parties..... As previously set forth, pursuant the December 2, 2020 stipulatedjudgment, Ms. Stockton was awarded exclusive use of the former matrimonial domicile, subject to the reservation of Mr. Stockton's right to seek rental reimbursement for Ms. Stockton's exclusive use of the home. There is no dispute that Ms. Stockton 

### had the exclusive use and occupancy of the former matrimonial domicile for approximately 21 months. At trial, in support of Mr. Stockton' s reimbursement claim, he offered into evidence an email from a realtor, which set forth that the home ( the former matrimonial domicile) should "rent for a [m] inimum of $ 2,000 a month." Therefore, he sought reimbursement in the amount of $ 21, 000.00.' However, Mr. Stockton' s 

### testimony also revealed that the mortgage on the former matrimonial domicile was approximately $721. 00 per month. Ms. Stockton posited that the fair market rental value ofthe former matrimonial domicile should be set at $722. 00 (the approximate amount of the monthly mortgage note), such that Mr. Stockton' s right to reimbursement for one-halfthe fair market value should be set at $7,581. 00.2 The trial court, in its reasons for judgment, stated that "[ b] ased upon the 

### testimony and evidence presented,the court accepts the value of [ Ms. Stockton] and awards [ Mr. Stockton' s] rental reimbursement claim in the amount of $ 7,581 [. 00]." On appeal, Mr. Stockton contends that the fair market rental value should have been assessed at the rate of $ 2, 000.00 per month rather than $722.00 per month. However,

1 1/2 of ( 21 months x $2,000.00/month) _ $21, 000.00. 2 1h of ( 21 months x $722.00/month) = $7, 581. 00.00.
11

### given the great discretion afforded to atrial court in community property partitions,

the trial court is not required to accept at face value a spouse' s valuation ofa claim against the community. Berthelot, 254 So.3d at 816. Based on our review ofthe 

### record and the evidence, we cannot saythatthetrial court manifestly erred or abused 

### its discretion in setting the fair market rental value of the former matrimonial domicile at $722.00 per month instead of $ 2,000.00 per month or in its total award of reimbursement to Mr. Stockton in the amount of $ 7,581. 00. FINAL PERIODIC SPOUSAL SUPPORT Louisiana Civil Code article 112(A) provides that when a spouse has not been 

### at fault priorto the filing ofa petition fordivorce and is in need ofsupport, based on the needs ofthat party and the ability ofthe other party to pay, that spouse may be awarded final periodic spousal support. 

### The party alleging a right to permanent spousal support carries the burden of proving that he or she is free from fault. Cauthron v. Cauthron, 2012-0913 (La.App. 1 st Cir. 2115113), 113 So.3d 232, 233. 

### A spouse who petitions forpermanent spousal supportneed notbe totally blameless. Ennis v. Ennis, 2016-0423 ( 

### La. App. 1st Cir. 5/8/ 17) ( unpublished), 2017 WL 1900328 * 2; see also Schmitt v. Schmitt, 2009-0415 ( La. App. 4' Cir. 12/ 16/09), 28 So.3d 537, 540. To constitute fault sufficientto deprive a spouse offinal periodic spousal support,the spouse' s misconduct must not only be ofa serious nature, but it 

### must also be an independent, contributory, or proximate cause of the separation. Ennis, 2017 WL 1900328 at * 4; Schmitt, 28 So.3d at 540. Fault consists ofthose 

### same actions that would have previously resulted in a for - cause divorce or marital 

### separation: adultery, conviction ofafelony, habitual intemperance orexcesses, cruel treatment or outrages, public defamation, abandonment, an attempt on the other' s life, status as a fugitive, and intentional non-support. Ennis, 2017 WL 1900328 at 4; Cauthron, 113 So.3d at 233- 234. The trial court' s determination of fault is entitled to great weight and will not be disturbed except in the case ofmanifest error.

12Ennis, 2017 WL 1900328 at * 5; Almon v. Almon, 97-2004 ( 

### La. App. 1" Cir.

9/25198), 718 So.2d 1073, 1077. Once freedom from fault is established, the basic tests for the amount of 

### spousal support are the needs ofthat spouse and the ability ofthe other spouse to pay. 

### Politz v, Politz, 2005-2568 (La.App. 1st Cir. 8/ 1/ 07) ( unpublished), 2007 WL 2193547 * 3, writ denied, 2007-2137 ( La. 1/ 7{0$), 973 So.2d 728; Noto v. Nota, 2009- 1100 ( 

### La. App. 5 Cir. 5111 /10), 41 So.3d 1175, 1180. The award for final 

### periodic spousal support is governed by La. C.C. art. 112(B), which requires the 

### court to consider all relevant factors including: ( 1) the income and means of the parties; ( 2) the financial obligations of the parties; ( 3) the earning capacity of the parties; (

### 4) the effect ofcustody ofchildren upon aparty's earning capacity; (5) the time necessary for the claimant to acquire appropriate education, training, or employment; (6) the health and age ofthe parties; ( 7) the duration ofthe marriage; 8) the tax consequences to the parties; and (9) the existence, effect, and duration of 

### any act of domestic abuse committed by the other spouse upon the claimant or a child of one ofthe spouses. Further, under La. C.C. art. 112( D), the amount of final periodic spousal support shall not exceed one-third of the paying spouse' s net income. The goal of a final periodic spousal support award is limited to the amount 

### sufficient for maintenance as opposed to continuing an accustomed style of living. Ennis, 2017 WL1900329 at * 3; see also La. C.C. art. 111. in an action for final 

### periodic spousal support, the claimant spouse has the burden ofproving insufficient

means of support. Ennis, 2017 WL 1900328 at * 3. Support means a sum sufficient for the claimant spouse' s maintenance, which includes the allowable expenses for 

### food, shelter,clothing,transportation expenses, medical and drug expenses, utilities, household maintenance, and the income tax liability generated" 

### by such support payments. Id. 

### Generally, expenditures for newspapers, gifts, recreation, vacation,

13

### and church tithes are not to be considered in awarding final spousal support;

similarly, expenses attributable to entertainment are not necessary for a spouse' s maintenance and should not be considered in fixing final spousal support. Id. As with the determination of fault, the trial court' s award of final periodic 

### spousal support is given great weight, and an appellate court should only disturb a trial court' s award of final periodic spousal support when there has been a clear 

### abuse ofthat discretion orwhen the amount exceeds the statutory limit ofone-third ofthe net income ofthe payor' s income. Ennis, 2017 WL 190032$ at * 3; see also La. C. C. art. 112( D). 

### On appeal, Mr. Stockton contends that the trial court erred in awarding Ms. Stockton permanent spousal support because she failed to prove that she was free from fault and that she had insufficient means for supporta According to Mr. 

### Stockton' s testimony at trial, the reason for the dissolution ofthe parties' marriage was a lack of affection and intimacy. He explained that Ms. Stockton " stopped 

### wanting to do anything with [him,]" she "[ w]ould't go to the camp anymore," and 

### she " didn't sleep with [him]" but rather "[ s] he slept on [an] afghan, not even [under] the same covers as [he] did, forthe last six months." She also continued to go to the 

### gym on Friday evenings, despite his request that she not do so. After Mr. Stockton told her that he wanted to talk to her, she responded that they had " nothing else to talk about," so he left. 

### According to Ms. Stockton, she slept under a little blanket because she was going through menopause and she not want to sleep under the comforter. Ms. 

### Stockton also explainedthat shehad goneto the gym on Fridays formanyyears, and that she would go tothe camp on Fridays afterthe gym,which Mr.Stockton did not like, because " it was just not on his time frame." Ms. Stockton also explained that

3 Mr. Stockton does not argue on appeal that he was unable to paythe amount awarded by thetrial court ($340.00) orthat the award exceeded one-third of his net income.
14

### they were planning a wedding for her daughter that was at the home, and so for



### several months before Mr. Stockton left,she did notgotothe camp because she was preparing her house andyard forthe wedding. Ms. Stockton believed that the cause 

### ofthe break up oftheir marriage was attributable to Mr. Stockton's drinking, and she agreed that they both played a part in the lack of intimacy. Ms. Stockton also testified that she did not file for divorce from Mr. Stockton, that he left her, and that she was trying to make their marriage work. Ms. Stockton, in support ofher claim for permanent spousal support, testified 

### as to her specific monthly expenses, and she also offered her monthly income and
expense affidavit. 

### According to this evidence, 

### her net monthly income was 

### 1, 739.00 per month, her expenses totaled approximately $2, 194.00 per month, and 

### that she was in need ofapproximately $455. 00 per month to meet her needs of basic 

### support. Accordingto Mr.Stockton' stestimony, his net income was approximately 4,600. 00 per month. Mr. 

### Stockton also testified as to his specific monthly expenses, which totaled approximately $

### 4,300.00 per month, and that his ability to pay spousal support was approximately $300.00 per month. 

### Based on the testimony ofthe parties, the trial court found that Ms. Stockton was free from fault in the dissolution ofthe marriage, and we find no manifest error in this determination. 

### With respect to need, the trial court specifically considered the income and expenses ofthe parties, and it further noted that the parties had been 

### married for more than thirty-five years and that during this time, Mr. Stockton had been " the primary ` breadwinner' 

### for the family." Therefore, after a careful consideration ofthe factors set forth in La. C. C. art. 112( B), the trial court awarded Ms. Stockton the sum of $ 300.00 per month for a period offive years, 

### Considering 

### the testimony of the parties and the evidence in the record, we find that the trial 

### court's award was reasonable and supported by the record, and thus, we cannot say that the trial court abused its vast discretion.

15CONCLUSION

For all ofthe above and foregoing reasons, the November 15, 2022judgment ofthe trial court is affirmed. All costs ofthis appeal are assessed to the appellant, Johnnie Stockton, III. AFFIRMED.

16STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT

DOCKET NUMBER

2023 CA 0145
JOHNNIE STOCKTON, III

VERSUS SANDRA STOCKTON HOLDRIDGE, J.,

### dissenting in part. I dissent in part for not giving any value to Ms. Stockton' s movables, which total approximately $2, 150. 00. Ms. Stockton filed a joint detailed descriptive list, 

### wherein she judicially admitted to having certain movables which had a value of approximately $ 2, 150. 00. I further dissent and find that the trial court was 

### manifestly erroneous in findingthe rental value forthe former matrimonial domicile was $ 722.00 a month. The rental value, at minimum, should have been set at 1, 500.00 a month.