This is the sixth article on Divorce Dos and Don’ts. This series of articles attempts to examine specific topics within Louisiana family law.
Welcome back to my long running series, “Divorce Dos and Don’ts.” Here we discuss basic Louisiana family law ideas and concepts as they relate to common questions about child custody, spousal support, community property, and other issues. Please remember that these articles are for educational purposes only, and should not be construed as legal advice.
DO remember that there are two types of spousal support. There is “interim” spousal support and “final” spousal support. Interim support can be due to a spouse while the divorce is still pending. It must be petitioned for when filing for divorce. It will terminate whenever the final support award is determined, or after a period of time prescribed by law elapses. Final support on the other hand, may continue indefinitely.
DON’T forget that spousal support awards are not set in stone. There are circumstances in which a court may modify them. If they circumstances of the two spouses materially change, to the point where the financial situation of the parties is significantly different from when the spousal support award was given, a court may be persuaded to modify the award. Also, there are things which the spouse who receives the award may do to lose their entitlement to the award. If that spouse remarries, for example, they may no longer be entitled to the spousal support. If the spouse who is paying the support dies, then the award will cease to exist (the spouse’s family members do not inherit the responsibility.) Also, if the spouse who is receiving the award begins to live with another person “in the manner of married persons” then the paying spouse may petition the court to terminate the spousal support.
DO remember that a spouse who contributes to the education of the other spouse may be owed compensation for that contribution after a divorce. Under Louisiana Civil Code article 121, a spouse who contributes the education of the other spouse, and who does not benefit from this contribution during the course of the marriage, may be owed reimbursement for that contribution. The idea is that the spouse who contributed helped to enhance the earning power of the other spouse, kind of like an investment. This reimbursement would occur alongside any award of spousal support and/or the division of community property.
DON’T forget that, with some extreme exceptions, a parent will always have visitation rights with their child. This does not mean custody; it means that a court will prescribe certain times and conditions under which a parent will be entitled to see their kids. Examples of “extreme exceptions” that would bar this right may be 1) if the child was the product of a rape, then the rapist is not entitled to visitation rights or 2) if the parent seeking visitation can be shown to have caused the death of the other parent. There may be other reasons for a court to deny visitation, such as in instances of sexual or physical abuse.
This above is informational only, not legal advice. Will Beaumont. New Orleans.
More Louisiana Divorce Lawyer Questions and Answers
If you live in Louisiana and you are trying to get a divorce, there are certain rules which you must observe to effectuate this decision. Louisiana has a few public policy objectives when it comes to divorcing couples; and one of the main ones is to make sure that the couple is very sure about the decision they are about to make.
General Topics of Louisiana Divorce Attorney Law
This article is written to add to the general knowledge on Louisiana family law which some of these articles can provide. That said, this is a continuation of articles on “Dos and Don’ts” in family law.
Louisiana Community Property and Divorce Attorney Example: Greg and Gina
In Louisiana, property which a person possesses while married can be classified into one of two types: community property or separate property. This article provides an example of this.
