How,Divorce,Attorney,May,Modif law How a Divorce Attorney May Modify or Terminate Final Spousal
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
In Louisiana, after a spouse's divorce attorney works to end the marriage one spouse may owe the other spouse "final spousal support," provided that the recipient spouse was not "at fault" for the breakup of the marriage. It is money which the receiving spouse needs to satisfy living expenses and other financial requirements they may not be able to address in light of their extensive dependence on the other spouse over the course of the marriage. A divorce attorney may term the paying spouse the "obligor spouse" and the spouse receiving the support is known as the "obligee spouse." The amount of money which the obligee spouse receives will be dependent on the ability of the obligor spouse to pay, as well as the needs of the obligee spouse.Once a court awards final spousal support, it is not entirely set in stone. There are circumstances which may arise in which the award amount may change upon a material change in circumstances, or even terminate entirely if it becomes unnecessary. The law also provides that the remarriage of the obligor spouse does not necessarily constitute a "material change in circumstances."So what does constitute a "material change in circumstances"? Well, it is difficult for a divorce attorney to say without knowing the specific facts of a given situation. One example where this standard may be satisfied is in the case of a complete role reversal on the part of the spouses. Let's say that obligor spouse has a string of bad luck: they are laid off from their job, their house gets flooded, and their extensive investments in the stock market totally bottom out. Let's say that at the exact same time that the obligee spouse completes training for a new job and obtains that new job, which pays handsomely. Also let's say that the obligee spouse hits the lottery, and they are instantly a millionaire. This example is almost cartoonish in character, but surely it would provide a divorce attorney with a compelling case to request a court to have the spousal support modified, if not terminated completely. It is important to note that such a "role reversal" would not then necessarily entitle the previous obligor spouse to receive spousal support. The essence of the award is generally designed to care for the obligee spouse as a result of their adverse dependence during the marriage.There are other instances where the obligee can lose the right to collect on a spousal award. If the obligee spouse remarries for instance, the award terminates automatically. Also, if the obligor spouse dies, the responsibility for paying the award does not pass on through intestacy but rather ends with the death of that spouse. Finally, even if the obligee spouse does not remarry, but begins living with another person "in the manner of married persons" then the obligor spouse may pursue a court order to have the spousal award terminated.Spousal support awards can continue indefinitely, so if the circumstances do in fact change dramatically, the obligor spouse should hire a divorce attorney or other lawyer to protect their rights and seek to have the award dissolved.Will Beaumont practices law in New Orleans, LA. The above is not legal advice, but rather simply general information on the law. Article Tags: Final Spousal Support, Divorce Attorney, Final Spousal, Spousal Support, Obligor Spouse, Obligee Spouse, Material Change
How,Divorce,Attorney,May,Modif