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Louisiana Divorce Support

Louisiana divorce support issues are settled at the family court and the court has the sole discretion regarding the divorce support issues. The decision regarding the divorce support is taken as per the state statutes. Divorce support, whether it is spousal support, child support or distribution of property – the decision of the court depends on circumstances and essentially differs from case to case.

Louisiana spousal support -

The court decides on the spousal support on the basis of the Louisiana Code of Civil Procedure - Article: 131. Based on the circumstances like the financial standing of the parties and the standard of living and the earning capacity, the court will decide whether to award temporary or permanent spousal support. While deciding on the type of the support and the amount for the support the court considers the following factors.
  • The requirement of the parties involved.
  • Gross income of both the spouses.
  • Financial obligation of the parties.
  • Earning capacity of the parties.
  • Custody of the child and its effect on the earning capacity.
  • Health conditions of the parties.
  • Age of the parties.
  • Duration of the marriage.
Louisiana child support:

Like any other states the child support is ordered in favor of the custodian parent and the support is generally paid by the non custodian parent. In the state of the Louisiana the issue of the child support is decided as per the Louisiana Revised Statutes - Article 9 - Sections: 302. While deciding on the child support the courts in Louisiana follows the Income Shares Model. In this process the child support is determined on the basis of the set guideline and then divided proportionately as per the income of the parents. The income of the parents of the child is verified with the previous W-2’s and the support is decided on the basis of the child support worksheet. The court can deviate from the guideline under some circumstances. If the combined gross income of the parents is not within the worksheet schedule i.e. when the gross income of the parents is lower than the scheduled or higher than the highest amount mentioned in the schedule.

Louisiana property division in divorce–

While dividing the properties between the spouses the court always considers the marital property or the properties that have been acquired during the marriage. So, if there is any property that is acquired by either of the spouses before the marriage or after the legal separation then the property is not considered as marital property. In Louisiana the division of the property is done by the court as per the Louisiana Code of Civil Procedure - Article: 121. As Louisiana is a community property state, all the marital properties are considered as community property and then those properties are equally divided within the spouses.

The court decides on the Louisiana divorce support on the basis of the circumstances related to the particular case and considering the financial and social standard of the parties involved.

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