Divorce,Lawyer,The,Requirement law Divorce Lawyer: The Requirements of Final Spousal Support in
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
Spousal support is reserved for only those who are in needand are in good faith. So if you aremaking 3 million a year and you cheated on your ex-spouse, then do not evenwaste your time working with a divorce lawyer to try to seek spousalsupport. But, a party with insufficientmeans and free from fault can seek permanent spousal support.The Louisiana Civil Code provides factors, which the courtmay consider in determining an amount for final spousal support. When a court considers the means of theparties, they look to each former spouses income and assets. Support is defined as an amount enough toprovide the seeking-party money for food, shelter, transportation, daily upkeepand maintenance such as utilities and taxes, and medicine.An ex-spouse cannot seek permanent spousal support so thathe or she can have enough money to buy a brand new top-of-the-line luxury sportscar. A court looks to the income, means,and assets of the party that will pay the support. A hotly contested issue for a divorce lawyeris whether social security benefits are considered income. If so, a court would be able to factor thisinto the paying partys assets and means. Louisiana courts as well as FederalLegislation have stated that social security payments are income and must beconsidered when determining a partys ability to pay spousal support.So for example, lets say Chuck and Monicas marriage hasended with the assistance of a divorce lawyer. Monica is seeking permanent spousal supportfrom Chuck. Chuck owns several rentalproperties, has several stock options, and has 3 million dollars in his savingsaccount. Additionally, he gets a socialsecurity check every month. Monica isseeking to increase her monthly amount she receives from Chuck by asking acourt to include Chucks social security check in the formula for determiningthe amount he can pay. In this case, sheshould win, as social security is income that should be considered. Now lets look at some situations which are often at issue fora divorce lawyer in Louisiana spousal support hearings. Lets say Monica is a medical doctor. However, since her marital breakup, she worksat a restaurant waiting tables and cannot make ends meet. She has no money for food, shelter, clothing,or anything else. Will a court award herspousal support? It depends. If she is intentionally under-employed for thepurpose of increasing the amount she receives from Chuck, then she will not getsuch support and will be ordered to find work for which she is qualified. However, if she is genuinely struggling, then Chuckmay have to pay her permanent spousal support.Another aspect of determining income and means is looking atthe liquidity of the assets. Forexample, Chuck owns 7 homes with a total of 20 million dollars. Often times a court will consider the value ofthe home as liquid means and include in the formula to determine Chuckspayments. When seeking spousal support payments, it is important tocontact a divorce lawyer who knows the law. Sometimes things can get complicated. When this happens, we will be able to helpyou. Here at Beaumont Divorce LLC, we do well all day and everyday to serveyou. We work hard to bring you the best possible result for you. We hope thatyou call us for a free consultation if you have any questions. Thanks forchoosing Beaumont Divorce LLC. We hope you found this blog helpful.Will Beaumont is anattorney in New Orleans, and provides this article only as information. If you are in need of legal advice, contactan attorney.
Divorce,Lawyer,The,Requirement