Spousal Support Attorneys in Kenner & Covington, Louisiana
Spousal support, also called alimony, may be an issue in your divorce case. The spousal support lawyer at the Rue Law Firm can apply the alimony laws to benefit your individual situation.
Stephen Rue twice has been voted the “BEST DIVORCE LAWYER” in New Orleans by Gambit weekly Readers Poll (2002 and 2003). In 2012, Stephen Rue was voted “BEST ATTORNEY” by Gambit weekly’s Best of New Orleans Readers Poll.
Stephen Rue also is the author of three books on Louisiana Family Law, Divorce, Custody, Visitation Child Relocation and related matters including the Louisiana Best Selling “LOUISIANA FAMILY LAW GUIDE.” (Found at Amazon.com) Rue has litigated over 2,000 divorces and family law cases, with hundreds of spousal support cases throughout the Greater New Orleans Area (All Surrounding Parishes!)
Types Of Spousal Support
The court may award two different classifications of spousal support: interim periodic support and final periodic support. The court may award a party an interim periodic allowance based on the needs of that party, the ability of the other party to pay, and the standard of living of the parties during the marriage. Interim periodic spousal support terminates on the judgment of divorce.
However, if a claim for final spousal support is pending when the divorce is rendered, interim spousal support thereafter terminates upon rendition of the judgment awarding or denying final spousal support or 180 days from the judgment of divorce, whichever occurs first.
Final periodic spousal support is harder to get. The court must consider the following factors in determining the entitlement, amount, and duration of final support:
Needs of the parties
Income and means of the parties
Financial obligations of the parties
Earning capacity of the parties
Effect of custody of the children on a party’s earning capacity
The time necessary for the claimant to acquire appropriate education, training, and employment
Health and age of the parties
Duration of the marriage
An additional, very important condition for an award of final support is the claimant’s freedom of fault prior to filing divorce proceedings by either party. The court interprets “fault” to mean misconduct that rises to the level of one of the previously existing fault grounds for legal separation or divorce: adultery, a conviction of a felony, habitual intemperance, cruel treatment or excesses that make living together insupportable, public defamation, abandonment, and intentional non-support.
Contact an Experienced Louisiana Spousal Support Lawyer Today
Rue Law Firm offers consultations so you can discuss your spousal support/alimony case with one of their experienced attorneys.
Whether you are the spouse seeking spousal support or the spouse that is expected to pay alimony, the firm can assess your case and ensure that you are treated fairly by the court. Rue Law Firm also represents clients in the modification and/or enforcement of alimony orders.
The following is an excerpt from the Louisiana Divorce Handbook (Available on Amazon.com), with Express Permission of Author Louisiana Family Law Attorney Stephen Rue. @ All Rights Reserved, Stephen Rue 2014.
1. WHAT IS SPOUSAL SUPPORT?
Spousal support, also known as “alimony” or “maintenance,” is a payment from one spouse (the “breadwinner”) to the other spouse who earns less income. The purpose of alimony is to allow the spouse of less means and/or abilities to pay for his or her living expenses and other needs. Permanent alimony may last the extent of the recipient’s life. The underlying rationale for alimony is to assist the spouse of less fortune, opportunities, and/or abilities.
“Rehabilitative” or “Restitution” alimony is for a definitive period of time, with the goals of having the other spouse create sufficient finances, opportunities, and/or abilities to be self-sufficient. The reason for the need of “rehabilitation” may result from the recipient spouse’s previous foregoing of educational and/or employment opportunities during the marriage that he or she would have reasonably expected to otherwise have experienced. Unlike child support, alimony is not calculated by using state guidelines, but rather the figure is derived by the agreement of the parties or at the discretion of the judge.
2. SPOUSAL SUPPORT IS AN ENDANGERED SPECIES
Throughout the country, we are seeing a shift in the view of courts towards permanent alimony. With an increasing number of women entering the work force, and the decreasing focus on gender, many states are moving away from the term “alimony” to the term “maintenance.” The seemingly subtle shift in the use of terms is an example of the growing paradigmatic shift of today’s courts. As a public policy, Texas has had no provisions for alimony (although it may in the near future). Other state courts are becoming more resistant to awarding alimony, except in cases where a spouse has been and remains financially dependent on the other spouse for a
Louisiana classifies spousal support into two categories:
1. Interim Periodic Support
2. Final Periodic Support
Schedule a Consultation with Spousal Support Lawyer Stephen Rue
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