Divorce,Lawyer,Understanding,L law Divorce Lawyer: Understanding Louisiana Spousal Support
When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a
It is important to know, that an obligor cannot pay morethan one third of his net income in spousal support. Also parties can contract post-divorcealimony. When interpreting suchcontract, courts look to its clear language as well as the intent of theparties at the time of its execution. This serves has protection for both parties.To use a case as an example, in Cason v. Cason, a formerwife filed an appeal from the trial court, which ruled that she was notentitled to additional spousal support in an amount sufficient to maintain herin the former matrimonial domicile now owned by her parents. The trial courts judgment required the formerhusband to pay $450 a month directly to his former wife in addition to payingher utility bills, including her cable and security expenses. Both parties agreed that the former wife wouldreside in the matrimonial domicile.After the ex-husband was paid off, the former wifes parentstook out a loan and purchased the matrimonial domicile. The former wife petitioned for additionalspousal support asserting that it was costing her parents to pay the insurance,mortgage, and property taxes. The formerwife testified that she was to pay her parents $650 per month in rent. The exhusband understood his judgment to have included a renegotiation clause shouldthe ex wifes financial debt to change.The trial court found that there was no basis for the exhusband to pay an additional $650 in spousal support. As a result, the ex wife filed an appeal tothe Louisiana Court of Appeal for the Second Circuit. In her appeal, she asserted that the exhusband should be bound by his contractual agreement to maintain her in thedomiciliary home. She further arguedthat the court should uphold the contract rather than viewing it as an Article112 issue. Although Louisianajurisprudence allows parties can contract post-divorce alimony, the interpretationof such contract must consider the common intent of the parties. Here, the ex wife believed that the contractrequired the ex husband to pay spousal support sufficient to maintain herliving in the matrimonial domicile even though the parties have partitionedtheir community property and the home is now owned by the wifes parents.The appellate court did not believe the contract requiredsuch a thing. Additionally, the contractstated that the parties had the right to renegotiate spousal support in theevent the home sells. As such, theappellate court found that there was no agreement that the ex-husband would payanything more after the sale of the house. It simply stated that they had theright to renegotiate. Considering thelanguage in the contract and the intent of the parties at the time of thecontracts execution, the appellate court affirmed the lower courts decisiondenying the ex-wifes petition for an increase in spousal support.Will Beaumont practices lawout of New Orleans, La, and he wishes that this article be viewed strictly asinformational. If you need legal advice,contact an attorney directly.
Divorce,Lawyer,Understanding,L