SAMPOGNARO v. SAMPOGNARO, 41,664 (La.App. 2 Cir. 4/11/07)

CHARLES MARION SAMPOGNARO Plaintiff-Appellee-Appellant v. PATRICIA CLOTILE WILSON SAMPOGNARO Defendant-Appellant-Appellee.

No. 41,664-CA.Court of Appeal of Louisiana, Second Circuit.
April 11, 2007.

Page 1

Per Curiam on Rehearing.

Originally Appealed from the Fourth Judicial District Court for the Parish of Ouachita, Louisiana, Trial Court No. 03-5142, Honorable Wilson Rambo, Judge.

KENNETH RIGBY, Counsel for Appellant-Appellee, Patricia Clotile Wilson Sampognaro.

ROBERT S. TEW, ROBERT P. McLEOD, JR., Counsel for Appellee-Appellant, Charles Marion Sampognaro.

Before BROWN, WILLIAMS, STEWART, CARAWAY and SEXTON (Pro Tempore), JJ.

BROWN, C.J., concurs but would grant rehearing on other issues.

SEXTON, J., concurs, but would grant a rehearing.

Page 2

PER CURIAM.

The rehearing application in this case is granted for the limited purpose of clarifying this court’s opinion as it pertains to the child support award. The “Supplemental Reasons for Judgment” demonstrated the trial court’s intent to provide for an enforceable child support award by requiring the itemization in the judgment of the extraordinary expenses which plaintiff had ordinarily paid directly to third parties. Considering the trial court’s intent, our original opinion indicated that any such expenses must be reasonably related to the itemized list. However, in order to make our opinion more explicit, we hereby further amend that part of the trial court judgment awarding child support as follows:

IT IS ORDERED that there be judgment herein ordering CHARLES MARION SAMPOGNARO, Petitioner, to pay child support in the total amount of Five Thousand Five Hundred and No/100 ($5,500.00) Dollars per month to PATRICIA CLOTILE WILSON SAMPOGNARO inclusive of and less all direct payments paid during the course of these proceedings or hereafter paid to third parties by Petitioner for the following extraordinary expenses of the children: child care, education tuition, school uniforms, tutoring and summer instructional or recreational camps, exclusively. Said child support payments to be made on the 25th day of each month beginning January 25, 2006.

In all other respects, our opinion on original hearing remains in full force and effect and the rehearing application is otherwise denied.

LIMITED REHEARING GRANTED; JUDGMENT AMENDED AND AFFIRMED AS AMENDED.