Gonzales Spousal Support Lawyer

Gonzales Spousal Support Attorney

Divorces are financially straining on top of the mental and emotional stress of the process. Spousal support payments can ease or worsen this financial strain and create a more complicated legal case. A Gonzales spousal support lawyer is crucial to help you protect your rights and your financial future, whether you need spousal support to provide for yourself or you want to ensure you don’t pay an unfair amount of spousal support. If you’re going through a divorce and need help with legal issues like spousal support, an experienced family lawyer in Gonzales can guide you through the process.

Find an Experienced Gonzales. Family Lawyer at Rowe & Manning Law Firm LLC

When you are uncertain how spousal support can impact your divorce resolution, Rowe & Manning Law Firm LLC can help answer your questions. Our firm has spent over 15 years providing legal guidance and support to individuals and families managing complex legal cases. It is crucial that spousal support is fair during and after a divorce. When you work with our experienced team, we help you defend your interests.

Divorces and requests for spousal support during divorce proceedings will be handled by the 23rd Judicial District Court at the Ascension Parish Courthouse. Our firm can help walk you through this process and help you understand what to expect.

Awarding Spousal Support in a Gonzales Divorce

Divorce is a difficult time for many individuals, even when it is the right choice for their future and their family. Louisiana had a divorce rate of 0.7 per 1,000 residing population in 2022, the lowest reported of all the states, and a significant decrease from the rate of 2.2 per 1,000 in 2021. In 2023, the rate increased slightly to 0.9 per 1,000 but was still the lowest reported rate.

Spousal support, sometimes called alimony, is not a part of every divorce. More than 45,000 tax returns filed with the IRS in the U.S. in 2022 included alimony received as a source of income, totaling more than $3.4 million. While it is often awarded, it is not guaranteed. To qualify for spousal support in Gonzales, you must meet basic requirements, including:

1. Having a need for financial support
2. Not being legally at fault in the marriage prior to divorce proceedings

If you meet these requirements, you could be awarded one or both types of spousal support.

Types of Spousal Support

Spousal support can either be interim or final periodic.

1. Interim spousal support. Also called temporary spousal support, this support is awarded for the duration of the divorce proceedings. If you are requesting interim spousal support, the court will consider if you qualify based on your financial needs, the ability of your spouse to pay, existing child support obligations, and your and your spouse’s standard of living during the marriage.
2. Final periodic spousal support. This is awarded after a divorce is finalized and once any interim support ends. You may qualify for this form of spousal support if you have financial need, are not legally at fault for the divorce, and your spouse is able to pay support. The amount of support and its duration are based on many factors.

Determinations for Final Periodic Spousal Support

The duration and amount of spousal support awarded with a divorce decree will depend on the court’s discretion based on factors like:

1. The income, means, and earning capacity of each spouse
2. The time it would take for a spouse to secure employment or education and training for employment
3. Whether either spouse has a child support obligation
4. The impact of a custody arrangement on a spouse’s earning capacity
5. Each spouse’s age and health
6. How long the marriage lasted
7. Tax consequences of support to either party

If there exists any act of domestic abuse against the spouse requesting spousal support or their child by the other spouse, the spouse requesting support is presumed to be entitled to final periodic spousal support.

Modifying, Terminating, and Enforcing Spousal Support

Spousal support is not typically permanent and can be modified or terminated in specific circumstances. If you find yourself unable to pay support, it is crucial to understand your options for modifying payments. Failing to pay it could lead to serious consequences when the court enforces the order.

FAQs About Spousal Support Law in Gonzales,LA

What Qualifies You for Spousal Support in Louisiana?

What qualifies you for spousal support in Louisiana may depend on the type of spousal support. Both types of spousal support require a requesting spouse to need financial support and not be at fault in the marriage prior to the case being filed.

To qualify for interim or temporary spousal support, qualifications also include the ability of the other spouse to pay, the couple’s standard of living, and the existence of child support payments.

What If My Ex-Husband Refuses to Pay Spousal Support?

If your ex-spouse was ordered to pay spousal support by the court and has failed to do so, you can take several steps to enforce this order. It can be helpful in some situations to talk to your ex-spouse first, but this is not always right for your situation. You should talk with an attorney about filing with the court. The court can take actions like garnishing your ex-spouse’s wages, fining them, or even charging them with contempt of court.

How Long Does a Spouse Have to Pay Alimony in Louisiana?

The amount of time a spouse has to pay alimony in Louisiana depends on the type of alimony and specific factors about their marriage. Interim spousal support has a maximum pay period of 180 days after the divorce is finalized, but could be extended in some cases. Final periodic spousal support is awarded for a set period of time based on the discretion of the judge in the case, depending on factors like the length of the marriage.

How Do You Get Final Spousal Support in Louisiana?

You could get final periodic spousal support in Louisiana if you qualify, meaning that you have a need for support and are free from fault before divorce proceedings, and your spouse has the ability to pay support.

These are qualifying factors and do not guarantee the award of final support. The court considers factors like income, earning capacity, health, and age of each party, as well as child custody and tax consequences when determining the amount and duration of support.

Work With Our Firm to Protect Your Financial Future

Spousal support payments can help spouses in need provide for themselves, but can also lead to burdens for the paying spouse if the amount is unfair. Contact Rowe & Manning Law Firm LLC to navigate your divorce and manage spousal support determinations.