WIFE WHO ASKS HUSBAND TO POSTPONE ELECTIVE SURGERY GUILTY OF “CRUEL TREATMENT”

A 56 yr old woman with severe medical problems, whose husband of 24 years left her and filed for divorce, asked the court in Livingston Parish for an award of final periodic spousal support. At trial, and on cross examination, the woman admitted that she had failed to accompany her husband on a trip to Cancun, Mexico where he was scheduled to have an elective gastric bypass operation. She testified that she asked her husband to postpone the operation for 3 months. She was babysitting her grandson during the day, and wanted her husband to postpone the operation until the Christmas holidays, when the baby’s mother, her daughter, had time off from work. The trial judge denied the wife’s claim for child support without hearing any testimony from the husband and held that her refusal to go to Mexico when the husband wanted amounted to “cruel treatment.” The case is being appealed by the COSENZA LAW FIRM to the First Circuit Court of appeal in Cauthron v. Cauthron, No. 2012-CA-0913.