Family Law‎ > ‎

Child & Spousal Support

Generally

As you move past your divorce, protecting and nurturing your children is a top priority. You also need to protect your financial interests. In Louisiana, state guidelines determine child support obligations. These guidelines account for a number of factors including your income, your spouse's income, the needs of your children and more.

Child Support
Louisiana uses the "Incomes Shares" model to determine child support, meaning that the level of support is calculated using the combined adjusted gross incomes of both parents. Each party shall then determine by percentage his or her proportionate share of the combined amount. The amount obtained for each party is his or her percentage share of the combined adjusted gross income.  The total child support obligation shall be determined by adding together the basic child support obligation amount, the net child care costs, the cost of health insurance premiums, extraordinary medical expenses, and other extraordinary expenses.

In all new child support orders after January 1, 1994, that are not being enforced by the Department of Social Services, the court shall include as part of the order an immediate income assignment unless there is a written agreement between the parties or the court finds good cause not to require an immediate income assignment.

Child Support Modification and Enforcement
Not every child and spousal support plan works as it should. When you face difficulties relating to your child support or spousal support plan, we will help you find solutions. From collecting unpaid support to adjusting your plan by obtaining necessary modifications, we will be there for all your concerns.

Your child support plan will last until the child turns eighteen, unless they are still in high school, in which case, it will terminate upon graduation or the child's nineteenth birthday. While there are no obligations to pay child support to a child in college, children with special needs may be entitled to child support beyond the age of eighteen.

However, there are many factors which can alter child support plans, such as the following:
  •    Existing support obligations
  •    Extraordinary medical expenses
  •    Extraordinary community debts
  •    A change in the child's needs
  •    Total or partial disability
Working together, we can find a support plan that is just and fair and can help you understand whether or not a deviation is justified.

Child Custody
If the parents agree who is to have custody, the court shall award custody in accordance with their agreement unless the best interest of the child requires a different award. In the absence of agreement, or if the agreement is not in the best interest of the child, the court shall award custody to the parents jointly; however, if custody in one parent is shown by clear and convincing evidence to serve the best interest of the child, the court shall award custody to that parent.  The court shall consider all relevant factors in determining the best interest of the child. Such factors may include:
  • The love, affection, and other emotional ties between each party and the child.
  • The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child.
  • The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.
  • The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment.
  • The permanence, as a family unit, of the existing or proposed custodial home or homes.
  • The moral fitness of each party, insofar as it affects the welfare of the child.
  • The mental and physical health of each party.
  • The home, school, and community history of the child.
  • The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.
  • The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party.
  • The distance between the respective residences of the parties.
  • The responsibility for the care and rearing of the child previously exercised by each party. 
Spousal Support
When a spouse has not been at fault and is in need of support, based on the needs of that party and the ability of the other party to pay, that spouse may be awarded final periodic support.  The court shall consider all relevant factors in determining the amount and duration of final support. Those factors may include:
  • The income and means of the parties, including the liquidity of such means.
  • The financial obligations of the parties.
  • The earning capacity of the parties.
  • The effect of custody of children upon a party's earning capacity.
  • The time necessary for the claimant to acquire appropriate education, training, or employment.
  • The health and age of the parties.
  • The duration of the marriage.
  • The tax consequences to either or both parties.
  • The sum awarded under this Article shall not exceed one-third of the obligor's net income.
  • The obligation of spousal support terminates upon the remarriage of the spouse receiving support, the death of either party, or a judicial determination that the supported spouse has cohabited with another person of either sex in the manner of married persons. 
To learn more about divorce, separation, child support or child custody matters, call 337-981-3577 today. 

The law office of Nathan G. Frazier is located in Lafayette, Louisiana and provides legal representation to clients throughout Louisiana, including the cities of Lafayette, Abbeville, Breaux Bridge, Church Point, Crowley, Franklin, Opelousas, New Iberia and Rayne and throughout Lafayette Parish, St. Martin Parish, St. Landry Parish, Acadia Parish, Vermilion Parish, Jeff Davis Parish and St. Mary Parish. 

Legal Disclaimer
This website does not offer you legal advice nor does it constitute the creation of an attorney-client relationship. This website contains general information and is no substitute for talking to a licensed attorney. If you need legal assistance, you must call and speak to me or another licensed attorney in your area as soon as possible. Many legal actions and defenses are subject to strict time limits so you must act quickly to protect your rights.

Sign in  |  Recent Site Activity  |  Terms  |  Report Abuse  |  Print page  |  Powered by Google Sites