GENOVESE, Judge.
In this domestic case, the trial court found Defendant, Victoria Williams Harmon, free from fault in the dissolution of her marriage to Plaintiff, Jarvis Harmon, Sr., and ordered Mr. Harmon to pay Ms. Harmon final periodic support. Mr. Harmon appeals the trial court's determination of non-fault and its award of final periodic support without a specified duration. Ms. Harmon answered the appeal, requesting an increase in the amount awarded to her as final periodic support. For the following reasons, we affirm the judgment of the trial court and deny Ms. Harmon's request for an increase in final periodic support.
On November 23, 2010, after twenty-six years of marriage, Mr. Harmon filed a petition seeking a divorce from Ms. Harmon pursuant to La.Civ.Code art. 102. On December 9, 2010, Ms. Harmon filed an answer and reconventional demand, alleging that she was in need of interim periodic support and also that she was free from fault in the breakup of the marriage for the purpose of pursuing final periodic support.
On June 8, 2011, Ms. Harmon filed a rule for final periodic support. Following a two-day hearing held on August 30, 2011, and October 10, 2011, the trial court took the matter under advisement. On January 4, 2012, written reasons for judgment were issued by the trial court. The trial court found Ms. Harmon free from fault and in need of support. The trial court also
On appeal, Mr. Harmon challenges the trial court's determination that Ms. Harmon was free from fault "in the break-up of the marriage prior to the filing of the Petition for Divorce" and the trial court's amount of "final periodic spousal support[
Mr. Harmon argues that the trial court's judgment was in error because it was based on the finding that Ms. Harmon was free from fault in the breakup of the marriage when she was "guilty of behavior classified as `fault' according to the jurisprudence." We disagree.
Barlow v. Barlow, 11-1286, p. 9 (La.App. 3 Cir. 4/11/12), 87 So.3d 386, 391-92 (quoting Westbrook v. Weibel, 11-910, p. 3 (La. App. 3 Cir. 12/7/11), 80 So.3d 683, 686, writ denied, 12-403 (La.3/7/12), 83 So.3d 1048).
In seeking final periodic support, Ms. Harmon bears the burden of proving that she was free from fault in the dissolution of the marriage. See Barlow, 87 So.3d 386 (citing Terry v. Terry, 06-1406 (La.App. 3 Cir. 3/28/07), 954 So.2d 790).
Id. at 393.
As set forth by this court in Wolff v. Wolff, 07-332, pp. 2-3 (La.App. 3 Cir. 10/3/07), 966 So.2d 1202, 1204:
The factors that the trial court considers to determine whether an award of final periodic support is merited are listed in La.Civ.Code art. 112:
Ms. Harmon denied being at fault in the dissolution of the marriage and testified that Mr. Harmon's infidelity and dishonesty were an ongoing problem during the marriage. Mr. Harmon accused Ms. Harmon of behaving in a manner that made their marriage unsupportable. Ms. Harmon alleged that Mr. Harmon admitted his indiscretions to her, only to later deny any wrongdoing to others and to accuse her of defaming him among his congregation.
In its written reasons for judgment, the trial court stated, in pertinent part:
Based on our review of the record, we find the trial court's ruling was not clearly wrong or manifestly erroneous and that there was sufficient evidence to support same. The trial court heard testimony from several witnesses who corroborated Ms. Harmon's testimony. It is clear the trial court did not consider Mr. Harmon's testimony credible regarding his reason for exiting the marriage. We find insufficient evidence in the record to support Mr. Harmon's claim that Ms. Harmon was not free from fault prior to the filing of the proceeding to terminate the marriage as required by La.Civ.Code art. 111.
In his second assignment of error, Mr. Harmon argues that the trial court erred in failing to set a duration for said award and offers comment (c)
Dupre v. Dupre, 02-902, p. 3 (La.App. 3 Cir. 12/30/02), 834 So.2d 1272, 1276.
We find no merit to Mr. Harmon's assertion that the trial court is required to set a duration for the final periodic support award. An award of final periodic support may be modified if the circumstances of either party materially change and shall be terminated if it becomes unnecessary. See La.Civ.Code art. 114. Further, the obligation is extinguished if the party receiving support remarries or cohabitates in the manner of a married person. See La.Civ.Code art. 115. Mr. Harmon's reliance on comment (c) of La. Civ.Code art. 112 is misplaced. See Guillory v. Guillory, 09-988 (La.App. 3 Cir. 2/3/10), 29 So.3d 1288; see also Faucheux v. Faucheux, 11-939 (La.App. 5 Cir. 3/27/12), 91 So.3d 1119. Though La.Civ. Code art. 112 permits a specified duration,
We also note that Mr. Harmon, in brief, argues that "[t]he [t]rial court erred in awarding [Ms.] Harmon final periodic spousal support." However, Mr. Harmon does not allege in his assignments of error any error by the trial court in the amount of final periodic support awarded to Ms. Harmon. Mr. Harmon's assignments of error are specifically stated and are directed solely toward the issues of fault and duration. Therefore, because that issue was not assigned as error, we do not consider it. See Uniform Rules — Courts of Appeal, Rule 2-12.4.
Ms. Harmon, in her answer to appeal, argues that the amount awarded to her as final periodic support is erroneous, and she seeks an increase in the amount awarded by the trial court.
In its written reasons for judgment, the trial court stated, in pertinent part:
The issue before this court relative to the amount awarded to Ms. Harmon as final periodic support is whether the trial court was manifestly erroneous in its judgment. See Barlow, 87 So.3d 386. Considering the record before us, we find sufficient evidence to support the trial court's determination. The court made a factual determination and a credibility call. Though there may be two permissive views of the evidence, we find no manifest error. We, likewise, find no abuse of the trial court's discretion in awarding Ms. Harmon final periodic support in the amount of $2,250.00. Ms. Harmon's argument relative to the amount awarded as final periodic support is unsupported and without merit.
For the foregoing reasons, the judgment finding Victoria Williams Harmon free from fault and awarding her final periodic support is affirmed. Ms. Harmon's answer to appeal requesting an increase in final periodic support is denied. Costs of this appeal are assessed against Plaintiff/Appellant, Jarvis Harmon, Sr.