Common Words/Phrases in Family Law
Divorce is a serious and painful process for couples. It should be treated with compassion and understanding. Every divorce is different. Some are straightforward with little to no animosity. Some are complicated and vitriolic. Our firm will competently address your needs in divorce to achieve the best outcome for you.
In Louisiana, parents are granted either joint or sole custody. Sole custody is when one parent has all rights regarding the minor children and is permitted to make all decisions concerning the minor child. Most couples are granted joint custody and within joint custody there can be different physical custody arrangements:
1) Many couples share physical custody of the minor children equally utilizing a week to week schedule or a 2-2-3 schedule.
2) Some children reside primarily with one parent while the other parent sees the child according to a schedule ordered by the Court or agreed upon by the parties.
The parent designated as the domiciliary parent has the power to make all decisions affecting the child in the event of a disagreement with the other parent. It gives tie-breaker authority. The domiciliary parent is the parent with whom the child shall primarily reside, but the other parent shall have physical custody during the time periods that assure frequent and continuing contact with both parents.
Child support in Louisiana is determined by the Child Support Guidelines which provides a table based on the parties’ gross income. Our experienced attorneys can calculate child support for you and advise you regarding medical expenses, tuition expenses and extra-curricular activities for minor children.
If the other parent has a child support order and does not follow it, we can pursue the payment of unpaid child support.
There are two types of spousal support in Louisiana. The first is support a spouse receives while the divorce is pending. It is based on need, ability to pay, and maintaining the status quo between the parties. This support lasts up to six months after the divorce is granted.
Permanent final spousal support is support that a spouse can receive for the rest of his/her life. It is based on different criteria than interim spousal support. It usually comprises of a number that a recipient spouse needs to meet their basic needs.
Louisiana is a community property state. Each part is entitled to 50% of the assets and obligated to pay 50% of the debt. Property settlements, called a property partition, can be reached by an agreement between the parties or by order of the Court after a property partition trial. Depending on the type of property being divided, property partitions can be quite complex and require the assistance of a forensic CPA. Most property partitions involve the basic assets of most families: a house, vehicles and retirements. Our experienced can help get you through this process with as little contention as possible.