During a divorce, support issues will definitely arise if you have children; and may arise if you or your spouse request spousal support. Child support is determined by statute; however, spousal support is at the discretion of the court with few rules. Louisiana provides for temporary spousal support during the divorce proceedings and for final support, which is harder to get. If you have support issues, whether you are being asked to pay or you are asking for support, contact New Orleans spousal support attorney Martha Maher.
Each parent must continue to contribute to the support of his or her children. Louisiana uses a child support worksheet to determine how much each spouse must pay. Child support includes the day-to-day living expenses, health care premiums and expenses and child care expenses. Private school expenses and activities are also included.
Both parents must provide documentation of their incomes. Child support is based on percentages. Thus, if both parents make the same amount every year, the amount starts out equal. If one parent pays up front for costs such as child care, health and activities, the non-paying parent will pay his or her share as child support.
If one parent makes significantly more than the other, his or her share of child support will be higher. To ensure that you pay the proper amount of support, contact New Orleans child support attorney Martha Maher.
Interim Spousal Support
Interim spousal support, or alimony pendente lite, may be ordered during the pendency of the divorce proceedings to help the requesting spouse live in the manner that he or she was accustomed to during the marriage. Support is based on the needs of the person requesting the support and the ability of the other spouse to pay. Interim spousal support usually ends when the court approves or denies an order for final support or 180 days after the divorce judgment, whichever happens first.
Final Spousal Support
If the spouse requesting support is not at fault for the divorce, needs the support and the other spouse has the ability to pay, the court may award final spousal support. The support may be temporary and may not be more than one-third of the obliger’s income. The court also looks at several other factors including the financial obligations of both parties, the ability to earn money by both parties, how child custody affects a spouse to earn money, the age and the health of both parties, how much time it would take for the requesting spouse to gain training, education or employment to better his or her situation, how the support affects the taxes of both parties and how long the parties were married.
Contact Martha Maher
Contact Martha Maher for a consultation if you are divorcing and believe that child support and spousal support issues may be part of the divorce.