Lafayette Spousal Support Lawyer

Lafayette Spousal Support Attorney

Spousal support attempts to give each spouse the chance to live comfortably when they begin their new lives. However, not every spouse is eligible to receive payments. A Lafayette spousal support lawyer can help you determine how much you might receive or owe in spousal support payments.

Take Charge of Your Circumstances

Navigating a divorce can be one of the most difficult parts of your life. In order to get through the process as quickly and efficiently as possible, it is a good idea to work with an experienced attorney who is well-versed in family law. Eric S. Neumann, Attorney at Law, has worked with a variety of families, each with different needs in the divorce process. Our team can help you by fighting for your needs and supporting your family during a divorce.

We can support you in fighting for the spousal support you deserve. If you think you may need to make payments, we can ensure you pay nothing more than what is fair. We can also help you with other aspects of divorce, such as child custody, child support and property division. If your divorce has been finalized and you need to make a modification to the spousal support order, our team can assist you with making the necessary changes.

What Is Spousal Support?

Spousal support, otherwise known as alimony, is a type of payment that can be ordered by a court. It is usually given to one spouse in order to ensure that both spouses have a similar standard of living after a divorce. These payments are unlike child support payments and follow different guidelines. However, judges could consider the following criteria when making spousal support payments, including:

• The Necessities of the Lower Earning Spouse: The court can evaluate the financial situation of each spouse. In the event that one spouse does not have enough earning potential to live independently, payments might be considered to make sure that they can comfortably live on their own. These considerations are made independently of each spouse’s gender.
• Wages of the Higher Earning Spouse: The amount of money given to a spouse often depends on the higher-earning spouse’s income. Child support payments may be limited to a certain percentage of their wages. Therefore, if they make more money, the payments they make could be larger.
• Child Support: If the spouse is already receiving child support, this might affect how much they receive in spousal support. The exact amount a spouse might be given is highly variable and depends on the circumstances of each family.
• Earning Ability: While income is an important factor when determining spousal support payments, it is not the only element considered. The court could also take each spouse’s education or experience level into account to determine their earning potential. Age and health can also play a role here because they could affect a spouse’s earning ability.

Each judge may not consider the same exact factors, and rules could vary from parish to parish. The amount you pay or receive will be highly specific to your circumstances.

Types of Spousal Support

Not every form of spousal support lasts forever. It can end or be changed if a spouse has a change in lifestyle or income. Sometimes, a spouse may be awarded spousal support on a temporary basis before the divorce order is finalized.

Why Do I Need an Attorney?

An attorney can help inform you about spousal support and how it relates to your divorce. They can also assist with filing a motion in court. This can be helpful if you and your spouse cannot agree on spousal support payments independently. If you have already been through divorce and want to modify or end your spousal support agreement in Lafayette, Louisiana, an attorney can also inform you of your options for seeking alimony modifications.

FAQs

Q: What Are the Rules for Spousal Support in Louisiana?

A: Spousal support is determined in a different manner than child support in Louisiana. Judges can be given the discretion to award spousal support as they see fit. Judges could take different considerations into account, depending on how long the spouse receives support. For more info, contact a family law attorney.

Q: Can My Ex Ask for Spousal Support?

A: Your ex can ask for spousal support during the divorce process, but it is typically up to the judge to grant it. They can request spousal support in the form of a statement to the court. If the court receives a statement, they could review things like each spouse’s income, any form of support they already receive, including child support, and the circumstances that caused the divorce.

Q: Can I Modify Spousal Support in Louisiana?

A: If the income or living situation of either spouse significantly changes, it might be appropriate to terminate or modify an existing spousal support agreement. For instance, if the receiving spouse gets a degree and a new job and they can better support themselves, it might be prudent to lower or end spousal support payments. If the receiving spouse dies or marries another person, the order can be terminated.

Q: Are Wives Entitled to Alimony in Louisiana?

A: Wives are not automatically entitled to alimony in Louisiana. Spousal support can be determined based on several factors, such as the earning capacity and income of both parties. Alimony is not based on gender, but if a wife earns considerably less than her husband or did not work during the marriage to care for children, she might be awarded spousal support. While men have historically held higher-paying jobs than most women, this stereotype is not true of every couple.

Alimony Attorney LA

Spousal support in Louisiana is a complicated process that is difficult to navigate on your own. To make it easier, contact an experienced divorce attorney. They can either assist you with filing a motion to request support or inform you of how much support you might be expected to pay. Whatever the case, they can fight for a fair spousal support agreement that’s in your interests.

For a professional attorney who can assist with your needs, schedule a consultation with Eric S. Neumann, Attorney at Law, today.