The,Issues,for,Divorce,Attorne law The Issues for a Divorce Attorney Regarding High Child Suppo
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 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
In 1988, the Family Support Act was made law, requiringstates to institute specific guidelines to determine how much child supportwill be as opposed to states simply using the best interests of the childawards that result in disparate rulings. Not all states, however, have guidelines that make it clear what happenswhen a spouse has a very high monthly income. In Louisiana, for instance, any income in excess of thechild support guidelines ($20,000) allow, it is up to the courts discretion toallocate the amount of child support that the court should award. And it is here that a divorce attorney isgiven the most freedom to argue for the best interests of the child. The court in Louisiana is not instructed tolook at specific factors. Andessentially the only limitation placed on the court is that it cannot have asupport amount that is lower than the amount set forth in the guidelines. (This though might be debatable under certaincircumstances, despite the statute, if it is in the best interests of thechild.)Moreover, Louisiana case law specifically excludes anymathematical formulas for incomes that are over the guidelines. But, courtshave said that some of the factors that a divorce attorney or other lawyer maydecide to cover are the circumstances of the parents, their ability to pay, thelifestyle the child would have enjoyed had the parents marriage not ended,and, as always, the best interests of the child.By design, not having child support guidelines for a divorceattorney or a court to understand the amount that the law states to beappropriate is rare. Having said this,it is even rarer that the court has to truly consider all of the factors thatLouisiana courts say that are relevant. The reason for this is that high income earners often send their childrento very expensive private schools, etc. It is truly rarer when one parents income is so high that, even afterpaying for the childrens pricey lifestyle in addition to the basic childsupport obligation, that the parent must make an additional payment in childsupport. One of the reasons for this isthat typically extreme high income parents have enough property together thechildren are not suffering a great disparity between the lifestyle of theparents.However, if there was a pre-nuptial agreement preventingproperty from becoming community, and you have an extremely high earningworker, you would likely need to work with a divorce attorney to figure out howbest to move forward with regard to child support.Will Beaumont is a lawyer in New Orleans. This article isinformational, not legal advice.
The,Issues,for,Divorce,Attorne