Recovering,Tuition,Expenses,af law Recovering Tuition Expenses after a Divorce
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
Adivorce can often be full of strife. Wehope, however, that they could end on at least somewhat civil terms. Not surprisingly, there are a lot ofconsiderations that spouses and courts may need to make when deciding theoutcome of a divorce: child custody issues, community property, spousalsupport, and others.Oneinteresting wrinkle in Louisiana law on divorce can be found in Louisiana CivilCode article 121. This article providesfor a spouse to be reimbursed for expenses towards the other spousesschooling, if the marriage ended prior to the education being able to benefitthe two spouses. While Louisiana hascommunity property, an education is generally not subject to this, with theexception of Code Article 121.Thebest way to understand this article is by using a hypothetical example. Lets say we have two spouses, Mark andMindy. They are deeply in love and havebeen married for three years. In theirthird year of marriage, Mark decides he is going to go to law school. He and Mindy both believe that this will maketheir relationship better in the long run, and they agree to pay for ittogether. While Mark is going to school,Mindy continues her job as a saleswoman. Rather than putting off the tuition payments until after graduation,Mindy and Mark pay the tuition up front, every semester. Three and half years later, the night after Markpasses the bar exam, he tells Mindy that he has met someone else and that hewould like a divorce.IfMark and Mindy go through with the divorce, Mindy is entitled to the money shehelped pay for Marks law school tuition. This is a classic example under article 121. The reason is that, by paying his tuition togo to law school and ultimately to become an attorney, Mindy made a financialcontribution to Marks training or education which allowed him greaterearning power. Keepin mind that the other reason Mindy would probably qualify for this award isbecause she did not benefit during the marriage from her contributions. If for example they did not divorce untilfive years after Mark became a lawyer, and Mark could show the court that thepayments Mindy made towards his education were more than off-set by subsequentbenefits he was able to confer upon her as the result of him being a lawyer,than Mindys chances at recovery of this amount would be lessened.Wealso need to remember that this is only one considerationin the big picture of a community property regime. That is to say, while Mindy may or may not beentitled to money paid towards Marks education, it is only one computationamong presumably many others. Mindycannot separate her article 121 award from other community propertyconsiderations.Will Beaumont has a law practice in New Orleans,La. He has an additional office inMetairie, La. Hopefully, this article isinformative on Louisiana law, but it is simply information and should not beconstrued as legal advice.
Recovering,Tuition,Expenses,af