Baton Rouge Spousal Support Lawyer

Baton Rouge Spousal Support Lawyer

Alimony/Spousal Support Attorney in Baton Rouge, LA

In Louisiana, the court may award two different classifications of spousal support, also known as alimony: interim support and final support.

The purpose of interim support is to help the receiving spouse maintain an appropriate standard of living to support themselves and potentially other family members. In many cases, interim support is temporary and lasts only until the receiving spouse can become self-sufficient.

However, in some situations, the court may award final support.

The court considers the following factors when awarding final support:

  • Living expenses of the parties
  • Income and means of the parties
  • Financial obligations of the parties
  • Owed debts by both parties
  • Earning capacity of the parties
  • Whether their ability to work is affected by child custody
  • The time necessary for the claimant to acquire appropriate education, training, and employment
  • The health and ages of the parties
  • Duration of the marriage
  • Tax consequences

An additional condition for the court awarding final support can be fault-based for either party. Even if a former spouse can prove that they were without fault, an award of support is not always automatic. Even if an award is made, it may not be permanent and the duration of an award may be limited.

Some of the issues determining fault may be related to abandonment, adultery, conviction of a felony, or domestic violence. The at-fault spouse may be required to pay alimony to the person without fault.

While spousal support can be a contentious issue in a divorce, it is important to remember that it is intended to provide financial assistance to the spouse who needs it, not to punish the other spouse.

At Magnolia Law, we understand that the issue of spousal support can cause a divide between spouses during the divorce process. However, with the help of a skilled attorney, it is possible to reach an agreement on spousal support that is fair to both parties.

Our Baton Rouge spousal support attorneys have extensive experience handling spousal support cases, and we can work tirelessly to protect your rights. Let us help you navigate this difficult time.

What Disputes Occur When Deciding Spousal Support?

Disputes over spousal support can be very contentious and emotional. The question of how much one spouse should pay to support the other can quickly lead to disagreement, particularly if there is a significant income disparity. However, there are a few key areas that typically cause disputes when it comes to spousal support:

  • The level of support: There is no set formula for deciding how much spousal support should be paid; however, the needs of the parties and the ability to pay determine the amount of spousal support owed.
  • The duration of support: Interim spousal support is owed for a defined amount of time, final depends on the situation.
  • The payment method: Another potential point of dispute is determining how the payments should be made. It needs to be decided if the payment should be made in a lump sum or monthly. If payments are made monthly, the next decision will be whether they should be made directly to the spouse or through a third party.

These are a few of the potential areas of disagreement when it comes to spousal support. It can be a complex and sensitive issue, which is why it is often best to seek the guidance of an experienced family law attorney when dealing with these problems.

What Determines The Amount of Interim Spousal Support?

The amount of spousal support in Louisiana is primarily based on the needs of the spouse receiving support and the ability of the other spouse to pay. Several factors are considered when determining need, including

  • The standard of living during the marriage.
  • Each spouse’s earning capacity.

The court may also consider any unpaid contributions each spouse made during the marriage, such as homemaking or child-rearing. This can be a factor because the spouse who stayed home to take care of the family and household made that decision based on the income coming in from the other spouse. In addition, the court may consider any instances of abuse or violence during the marriage.

Once a need has been established, the court will consider the paying spouse’s ability to meet those needs. The court will look at factors such as income, employment history, and assets. If the receiving spouse has little or no income, and the paying spouse has a high earning capacity, then a higher amount of spousal support may be awarded.

What Reasons Would Warrant a Spousal Support Modification in the Future?

There are several reasons why a modification to spousal support may be warranted in the future. One reason is if there is a significant change in the financial circumstances of either spouse. For example, if the spouse receiving support loses their job or suffers a major drop in income, they may need to modify the amount of support they receive.

Another reason is if there is a change in the needs of either spouse. For example, if the spouse receiving support gets remarried or starts cohabitating with a new partner, they may no longer need to receive spousal support.

Finally, if there is a change in the health of either spouse, that may also warrant a modification to spousal support. For example, if the spouse paying support becomes seriously ill and can no longer work, they may need to modify the amount of support they pay. In any case, it is important to consult an attorney to determine whether a modification to spousal support is warranted in your particular situation.

How Can a Baton Rouge Attorney Help Spousal Support Cases?

A family law attorney can help by providing legal representation to either party involved in a spousal support case. They understand the applicable laws and can work with the other party’s attorney to negotiate a fair settlement for both parties.

If an agreement cannot be reached, your attorney can file a motion with the court and represent their client at the hearing. They will work to ensure that their client receives a fair ruling from the court. In some cases, the family law attorney may also be able to help their client modify the terms of the spousal support order if there has been a significant change in circumstances.

Contact Our Baton Rouge Spousal Support Lawyers Today

If you are dealing with a spousal support issue, it is important to seek the guidance of an experienced family law attorney. The attorneys at Magnolia Law start each day fighting for the rights of our clients.

We understand how important it is to protect your interests and ensure that your family is taken care of emotionally and financially. Our firm has the knowledge and experience to help you through this difficult time. Contact us today to schedule a consultation. We look forward to seeing you soon.