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re: During a divorce, if one spouse makes

Posted on 7/16/23 at 7:58 am to
Posted by redstick13
Lower Saxony
Member since Feb 2007
38553 posts
Posted on 7/16/23 at 7:58 am to
quote:

Permanent Spousal Support


Does Louisiana still give Final Support? What a tragically antiquated law if so.
Posted by rexorotten
Missouri
Member since Oct 2013
3924 posts
Posted on 7/16/23 at 7:58 am to
My legal advice is to quit your job and live on the streets until the divorce is finalized to avoid paying alimony.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422888 posts
Posted on 7/16/23 at 8:00 am to
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 by Jake88
Member since Apr 2005
68342 posts
Posted on 7/16/23 at 8:02 am to
Ok, thanks. For some reason the thread had me thinking La was "no-fault" somehow.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422888 posts
Posted on 7/16/23 at 8:06 am to
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 by Jake88
Member since Apr 2005
68342 posts
Posted on 7/16/23 at 8:17 am to
quote:

Being "free from fault" is a requirement of Permanent Spousal Support
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.
Posted by chew4219
Member since Sep 2009
2723 posts
Posted on 7/16/23 at 8:22 am to
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.
Posted by Volvagia
Fort Worth
Member since Mar 2006
51911 posts
Posted on 7/16/23 at 8:27 am to
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 by EZE Tiger Fan
Member since Jul 2004
50356 posts
Posted on 7/16/23 at 9:02 am to
If you live in LA and you are a male, just get ready to bend over.
Posted by jizzle6609
Houston
Member since Jul 2009
4207 posts
Posted on 7/16/23 at 9:09 am to
quote:

Nope. I make more. She's wanting alimony.


Find a way to make less.
Posted by Dawgfanman
Member since Jun 2015
22445 posts
Posted on 7/16/23 at 9:11 am to
quote:

Nope. I make more. She's wanting alimony.


So she’s wanting 7.5-10k per year?
Posted by LouisianaLady
Member since Mar 2009
81217 posts
Posted on 7/16/23 at 9:27 am to
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.
This post was edited on 7/16/23 at 9:31 am
Posted by Hopeful Doc
Member since Sep 2010
14965 posts
Posted on 7/16/23 at 9:30 am to
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 by SwampyWaters
Member since Apr 2023
1365 posts
Posted on 7/16/23 at 9:54 am to
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!
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
65764 posts
Posted on 7/16/23 at 9:56 am to
quote:

Notice - I am no longer allowed to practice law in Louisiana.
Finally some good news about Louisiana!
Posted by BigD43
Member since Jun 2016
835 posts
Posted on 7/16/23 at 9:57 am to
Do you ever know a woman who got married just to divorce tehir husband so they have a steady income?
Posted by shutterspeed
MS Gulf Coast
Member since May 2007
63417 posts
Posted on 7/16/23 at 9:58 am to
quote:

Nope. I make more. She's wanting alimony.


Well of course she does.


Provide us the backstory.
Posted by Tarps99
Lafourche Parish
Member since Apr 2017
7491 posts
Posted on 7/16/23 at 9:59 am to
quote:

Even with 50-50 custody?


That isn’t alimony that is child support.
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
58366 posts
Posted on 7/16/23 at 10:06 am to
quote:

>tell everyone her roast beef is missing Au Jus


Posted by BrohanDavey
The Land Down Under
Member since Oct 2018
704 posts
Posted on 7/16/23 at 10:10 am to
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.
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