Dos,and,Don,Louisiana,Divorce, law Dos and Donts of Louisiana Divorce Law (Part VI)
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Welcome back to my long running series,Divorce Dos and Donts. Here wediscuss basic Louisiana family law ideas and concepts as they relate to commonquestions about child custody, spousal support, community property, and otherissues. Please remember that thesearticles are for educational purposes only, and should not be construed aslegal advice.DO remember that there are two types ofspousal support. There is interimspousal support and final spousal support. Interim support can be due to a spouse while the divorce is stillpending. It must be petitioned for whenfiling for divorce. It will terminatewhenever the final support award is determined, or after a period of timeprescribed by law elapses. Final supporton the other hand, may continue indefinitely.DONT forget that spousal support awardsare not set in stone. There arecircumstances in which a court may modify them. If they circumstances of the two spouses materially change, to the pointwhere the financial situation of the parties is significantly different fromwhen the spousal support award was given, a court may be persuaded to modifythe award. Also, there are things whichthe spouse who receives the award may do to lose their entitlement to theaward. If that spouse remarries, forexample, they may no longer be entitled to the spousal support. If the spouse who is paying the support dies,then the award will cease to exist (the spouses family members do not inheritthe responsibility.) Also, if the spousewho is receiving the award begins to live with another person in the manner ofmarried persons then the paying spouse may petition the court to terminate thespousal support. DO remember that a spouse whocontributes to the education of the other spouse may be owed compensation forthat contribution after a divorce. UnderLouisiana Civil Code article 121, a spouse who contributes the education of theother spouse, and who does not benefit from this contribution during the courseof the marriage, may be owed reimbursement for that contribution. The idea is that the spouse who contributedhelped to enhance the earning power of the other spouse, kind of like aninvestment. This reimbursement wouldoccur alongside any award of spousal support and/or the division of communityproperty.DONT forget that, with some extremeexceptions, a parent will always have visitation rights with their child. This does not mean custody; it means that acourt will prescribe certain times and conditions under which a parent will beentitled to see their kids. Examples ofextreme exceptions that would bar this right may be 1) if the child was theproduct of a rape, then the rapist is not entitled to visitation rights or 2)if the parent seeking visitation can be shown to have caused the death of theother parent. There may be other reasonsfor a court to deny visitation, such as in instances of sexual or physicalabuse.This above is informational only, notlegal advice. Will Beaumont. New Orleans.
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