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Started By
Message
re: During a divorce, if one spouse makes
Posted on 7/16/23 at 7:58 am to SlowFlowPro
Posted on 7/16/23 at 7:58 am to SlowFlowPro
quote:
Permanent Spousal Support
Does Louisiana still give Final Support? What a tragically antiquated law if so.
Posted on 7/16/23 at 7:58 am to PrattvilleTiger
My legal advice is to quit your job and live on the streets until the divorce is finalized to avoid paying alimony.
Posted on 7/16/23 at 8:00 am to redstick13
quote:
Does Louisiana still give Final Support? What a tragically antiquated law if so.
It is nearly impossible because "fault" is defined so widely.
Also, it's not typically "permanent". If the receiving party can work, they usually get a few years for the runway to get on their feet.
You have to go to the "perfect housewife who never did anything wrong and got married out of high school in 1970 who has no marketable skills or ability to get a job" scenario to actually get it for the rest of her life.
Posted on 7/16/23 at 8:02 am to SlowFlowPro
Ok, thanks. For some reason the thread had me thinking La was "no-fault" somehow.
Posted on 7/16/23 at 8:06 am to Jake88
quote:
For some reason the thread had me thinking La was "no-fault" somehow.
quote:
In LA divorce and SS are 3 different concepts
"No fault" is how you get the divorce judgment. You can get a divorce without alleging a fault, but you do have the option to claim a limited number of things (cheating, felony conviction, domestic violence, etc.) as "fault" to get it quicker.
Fault has no bearing on Interim Spousal Support
Being "free from fault" is a requirement of Permanent Spousal Support.
Posted on 7/16/23 at 8:17 am to SlowFlowPro
quote:How many other requirements are there? What if there is nothing much more than a couple no longer getting along? And, this is not me, but a scenario for plenty couples I know.
Being "free from fault" is a requirement of Permanent Spousal Support
Posted on 7/16/23 at 8:22 am to PrattvilleTiger
If it is Louisiana there is a formula for that. Total combined income, % earned by each spouse, expenditures vs net income.
If her net income is higher than her monthly total expenses you should be safe from “spousal support” and on the hook for child support.
If her net income is higher than her monthly total expenses you should be safe from “spousal support” and on the hook for child support.
Posted on 7/16/23 at 8:27 am to redstick13
quote:
Doesn’t mean squat if OP is in a no fault state.
Unless I’m mistaken, those laws simply mean a party doesn’t have to prove fault in order to get out of a divorce. Or put another way, it prohibits one party from refusing to let the other walk away.
The same carte Blanche doesn’t carry over to all parameters of the divorce. Simply walking away is easy, getting a desired alimony amount isn’t so much.
Posted on 7/16/23 at 9:02 am to Volvagia
If you live in LA and you are a male, just get ready to bend over.
Posted on 7/16/23 at 9:09 am to PrattvilleTiger
quote:
Nope. I make more. She's wanting alimony.
Find a way to make less.
Posted on 7/16/23 at 9:11 am to PrattvilleTiger
quote:
Nope. I make more. She's wanting alimony.
So she’s wanting 7.5-10k per year?
Posted on 7/16/23 at 9:27 am to PrattvilleTiger
From what my attorney told me in prenup negotiations- In Louisiana, permanent alimony is seldom given.
She gets alimony for a year max (6months, plus 6 month extension) via interim spousal support. Which - Is determined not by income but by expenses. She’s given a huge excel doc to submit every single expense she has. If she doesn’t make enough to cover the total, interim alimony comes into play. Has nothing to do with income.
If the expenses don’t add up to more than her income, I don’t know that interim spousal support will even come into play at all.
It’s child support that packs the hardest punch, and that IS determined by income.
She gets alimony for a year max (6months, plus 6 month extension) via interim spousal support. Which - Is determined not by income but by expenses. She’s given a huge excel doc to submit every single expense she has. If she doesn’t make enough to cover the total, interim alimony comes into play. Has nothing to do with income.
If the expenses don’t add up to more than her income, I don’t know that interim spousal support will even come into play at all.
It’s child support that packs the hardest punch, and that IS determined by income.
This post was edited on 7/16/23 at 9:31 am
Posted on 7/16/23 at 9:30 am to PrattvilleTiger
quote:
Nope. I make more. She's wanting alimony.
Make sure you let the judge know you’re accustomed to fricking her twice a week, and you’ll give her money when you start getting pussy payments.
Posted on 7/16/23 at 9:54 am to PrattvilleTiger
You guys may have agreed on 50-50 custody, but one of you has to be named primary custodian, which means that person has the say-so if you guys disagree on something. Unless your wife is a crackhead or prostitute, she's most likely going to be named the custodial parent. I think that's total BS, but it happened to me so just be prepared.
I would say get a great attorney, but I did that and got screwed. Once I had my initial meeting with the attorney and wrote the check, I never spoke to him directly until the day we went to court. I spoke to his secretary or his paralegal and when we went to court he didn't know who I was.
We actually never made it in front of the judge because we negotiated everything before our scheduled time, but that was after I also went off on my attorney because he was trying to rush me. I told him I paid him a lot of money and he was going to stay for as long as I needed him.
My advice, don't get a high priced attorney and do your best to try and work directly with your ex on the details. Remember, it's all about the kids, not you guys. Good luck!
I would say get a great attorney, but I did that and got screwed. Once I had my initial meeting with the attorney and wrote the check, I never spoke to him directly until the day we went to court. I spoke to his secretary or his paralegal and when we went to court he didn't know who I was.
We actually never made it in front of the judge because we negotiated everything before our scheduled time, but that was after I also went off on my attorney because he was trying to rush me. I told him I paid him a lot of money and he was going to stay for as long as I needed him.
My advice, don't get a high priced attorney and do your best to try and work directly with your ex on the details. Remember, it's all about the kids, not you guys. Good luck!
Posted on 7/16/23 at 9:56 am to Rebel
quote:Finally some good news about Louisiana!
Notice - I am no longer allowed to practice law in Louisiana.
Posted on 7/16/23 at 9:57 am to PrattvilleTiger
Do you ever know a woman who got married just to divorce tehir husband so they have a steady income?
Posted on 7/16/23 at 9:58 am to PrattvilleTiger
quote:
Nope. I make more. She's wanting alimony.
Well of course she does.
Provide us the backstory.
Posted on 7/16/23 at 9:59 am to PrattvilleTiger
quote:
Even with 50-50 custody?
That isn’t alimony that is child support.
Posted on 7/16/23 at 10:06 am to Kafka
quote:
>tell everyone her roast beef is missing Au Jus
Posted on 7/16/23 at 10:10 am to PrattvilleTiger
In Louisiana, the court may award final periodic spousal support based on (1) the needs of the claimant spouse, (2) the other spouse’s ability to pay, and (3) whether the claimant spouse is free from fault prior to filing for divorce. A claimant’s fault that occurred prior to filing bars the claimant spouse from receiving final support. When the spouse obtains a divorce based on the other spouse’s fault or when the spouse or a child was the victim of domestic abuse, that spouse is presumed entitled to final support. The claimant spouse’s fault prior to reconciliation l, which is the mutual intent to resume the marital life together after one spouse commits adultery, cannot be the basis for denying the claimant final periodic support. The claimant spouse bears the burden of proof.
The court considers the following factors in determining final spousal support: (i) tax consequences; (ii) age and health of the parties; (iii) financial obligations including child support; (iv) child custody effect on earnings; (v) rehabilitation time for claimant to acquire education, training, or employment; (vi) income and means of the parties; (vii) earning capacity of the parties; (viii) duration of marriage; and (ix) domestic abuse.
Final support may be waived before, during, or after the marriage in authentic act or act under private signature duly acknowledged—a mere signature is insufficient. An award of final periodic support may be modified if the circumstances of either party materially change and shall be terminated when it is unnecessary; the obligor’s remarriage is not a material change.
The court considers the following factors in determining final spousal support: (i) tax consequences; (ii) age and health of the parties; (iii) financial obligations including child support; (iv) child custody effect on earnings; (v) rehabilitation time for claimant to acquire education, training, or employment; (vi) income and means of the parties; (vii) earning capacity of the parties; (viii) duration of marriage; and (ix) domestic abuse.
Final support may be waived before, during, or after the marriage in authentic act or act under private signature duly acknowledged—a mere signature is insufficient. An award of final periodic support may be modified if the circumstances of either party materially change and shall be terminated when it is unnecessary; the obligor’s remarriage is not a material change.
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