If you’re on a divorce process It’s critical to hire an experienced Shreveport spousal support lawyer who can advocate on your behalf. Knight Law Firm has a proven track record of helping divorcing couples resolve complex disputes. Call (318) 726-2565 or contact our law firm to arrange a consultation today.
Spousal support is often one of the most hotly contested issues when a couple divorces in Shreveport, LA. Unlike child support, spousal support is never automatic. Judges have significant discretion when disputes arise over alimony payments.
Our founding attorney has over 20 years of legal experience. Clients have trusted our team to help them resolve complex family law issues since we opened our practice almost two decades ago.
Your choice of legal representation can make a huge difference. Contact our law offices in Shreveport, LA to arrange a consultation today.
Why Should I Call Knight Law Firm for Help Resolving Spousal Support Issues in Shreveport?
Louisiana family laws discuss the facts that are relevant when deciding whether to award spousal support. However, no detailed guidelines exist. That means the amount of support ordered can vary dramatically depending on the quality of your legal representation.
Our founding attorney at Knight Law Firm has over two decades of experience helping families resolve hotly disputed family law matters. We’ve helped countless clients engage in mediation and know how to negotiate for an advantageous deal.
When you hire our team to represent you, you’ll have an experienced Shreveport family law attorney to:
- Collect the evidence to support your case
- Handle all paperwork and court filings
- Obtain financial disclosures and other documentation from your spouse
- Help you negotiate a fair settlement with your spouse and their attorneys
- Represent you at all hearings and advocate for your rights before the judge
Don’t hesitate to reach out to learn about your legal rights. Your consultation with one of our trusted Shreveport family lawyers is always completely confidential. Contact us today.
Overview of Louisiana’s Spousal Support Rules
Alimony is called “spousal support” in Louisiana. When a couple chooses to get a divorce, family law judges in Louisiana have the authority to order one spouse to provide support to the other spouse.
One spouse may need financial support for a variety of reasons. Often, couples agree that one spouse will focus on a career while the other takes care of things at home. One spouse may earn significantly less than the other, creating a disadvantage when the couple divorces.
Spousal support is designed to help ensure that each divorcing spouse can maintain the standard of living they enjoyed during the marriage.
Two basic types of spousal support exist:
Neither type of spousal support is automatic. In fact, it’s possible that a judge might award one type of support but not the other. For a judge to award spousal support, the requesting spouse must prove that they need that support.
It’s important to have an experienced Shreveport spousal support attorney representing you during all stages of the divorce proceedings. Your attorney can advocate for a fair result and protect your best interests.
Interim Spousal Support Orders in Louisiana
Interim spousal support is designed to support the lower-earning spouse during the divorce proceedings. As the name suggests, interim support is temporary. One spouse must file a formal motion with the family court to request interim support.
The judge will make their decision based on the following:
- The needs of the requesting spouse
- The paying spouse’s ability to pay
- Any existing child support obligations, whether temporary or final
- The standard of living the couple enjoyed during their marriage
Interim support orders typically end no later than 180 days after the divorce is final. The interim order can be extended, but only if the requesting spouse can show good cause. Any final support order will not become effective until interim support obligations are over.
Final Periodic Spousal Support Orders in Louisiana
Family law judges in Louisiana also have the authority to order one spouse to support the other even after the divorce has been finalized. To receive final spousal support payments, the requesting spouse must show:
- They have a need for support
- Their former spouse has the ability to provide spousal support
- They were not “at fault” for the divorce
The law itself doesn’t explain what it means to be “at fault” for the divorce. Louisiana courts have interpreted the law to deny spousal support when the requesting spouse engages in some type of serious misconduct that causes the end of the marriage. The requesting spouse doesn’t have to be 100% blameless.
It’s usually up to the requesting spouse to prove they’re entitled to alimony. However, the law has created a presumption that they were not at fault in certain serious situations.
Typically, a requesting spouse in Louisiana may be granted alimony if the other spouse:
- Abused the requesting spouse or a child
- Was subject to a domestic protection order after a hearing
- Committed adultery
- Was convicted of a felony and sentenced to prison or death
When a requesting spouse can establish any of these facts, the burden of proof shifts to the other spouse. It becomes that spouse’s obligation to prove why they shouldn’t have to pay spousal support.
How Are Contributions to One Spouse’s Education or Training Handled in Louisiana?
Say one spouse worked while the other completed school. The educated spouse was able to increase their earning capacity due to their partner’s financial support. It’s possible that the court could order the non-working spouse to pay the other spouse for contributions to their earning capacity.
However, judges will only order repayment if the working spouse didn’t benefit from their spouse’s increased earnings during marriage. As such, these orders are typically only granted when the couple divorces relatively soon after the spouse completes their training or education. These repayment orders are completely separate from any interim or final spousal support orders.
How is Spousal Support Calculated in Shreveport?
Courts in Louisiana are directed to consider the following factors when determining the amount of spousal support to award:
- Each spouse’s assets and income
- The liquidity of each spouse’s assets
- Each spouse’s financial obligations, including child support obligations
- Each spouse’s earning capacity
- How child custody arrangements impact each spouse’s earning capacity
- The time necessary for the requesting spouse to obtain training or education to increase their earning capacity
- The time necessary for the requesting spouse to secure employment
- The age and health of each spouse
- The duration of the marriage
- The tax consequences of the support obligations to either party
- The existence, duration, and effect of any domestic abuse committed by either spouse
Spousal support cannot exceed one-third of the paying spouse’s net income. However, if the paying spouse abused the requesting spouse or their child, the amount can exceed one-third of their income. Courts also have the authority to order the paying spouse to make a lump sum payment to satisfy their support obligations.
How Long Does Spousal Support Last in Louisiana?
While interim support typically terminates 180 days after the divorce is final, a final periodic support order can continue indefinitely.
That said, any type of spousal support order will automatically end if any of the following happens:
- One spouse dies
- The spouse who is receiving support remarries
- The judge determines that the spouse who is receiving support begins living with someone else under circumstances that resemble marriage
If none of these events occurs, the support obligations will continue for the term specified in the judge’s order. That term will depend on the judge’s evaluation of the same factors discussed above.
Can a Spousal Support Order Be Modified After Being Finalized in Louisiana?
Spousal support orders can be modified in Louisiana. It’s possible for a divorced couple to agree to a modification. If you and your former spouse can’t reach an agreement, either of you can petition the court for a modification.
Judges will only grant modification if the requesting spouse can prove either of the following:
- A material change in circumstances has occurred since the original order was finalized, and the change impacts either the need for financial support or the ability to pay or
- Alimony is no longer necessary
The law specifically states that the paying spouse’s remarriage does not count as a qualifying change in circumstances. Typically, the relevant “change in circumstances” involves a change in either party’s financial status. The judge will essentially evaluate the same factors as were relevant during the divorce proceedings when deciding whether to grant a request.
Cases involving modification disputes can be incredibly complicated. Our lawyer in Shreveport knows how to help you handle those complications. Contact us today to arrange your confidential consultation.
Call an Experienced Shreveport Spousal Support Lawyer for a Consultation Today
Divorce can be messy, even in the most amicable situations. When spousal support obligations are involved, disputes are almost guaranteed. Our team at Knight Law Firm is here to advocate for your best interests at every turn. Whether you’re requesting support or paying it, contact our Shreveport spousal support lawyers to schedule a consultation today.
