Child Support
Louisiana uses the "Incomes Shares" model to determine child support, meaning that the level of support is calculated using the combined adjusted gross incomes of both parents. Each party shall then determine by percentage his or her proportionate share of the combined amount. The amount obtained for each party is his or her percentage share of the combined adjusted gross income.  The total child support obligation shall be determined by adding together the basic child support obligation amount, the net child care costs, the cost of health insurance premiums, extraordinary medical expenses, and other extraordinary expenses.

In all new child support orders after January 1, 1994, that are not being enforced by the Department of Social Services, the court shall include as part of the order an immediate income assignment unless there is a written agreement between the parties or the court finds good cause not to require an immediate income assignment.

Child Support Modification and Enforcement
Not every child and spousal support plan works as it should. When you face difficulties relating to your child support or spousal support plan, we will help you find solutions. From collecting unpaid support to adjusting your plan by obtaining necessary modifications, we will be there for all your concerns.

Your child support plan will last until the child turns eighteen, unless they are still in high school, in which case, it will terminate upon graduation or the child's nineteenth birthday. While there are no obligations to pay child support to a child in college, children with special needs may be entitled to child support beyond the age of eighteen.

However, there are many factors which can alter child support plans, such as the following:
  •    Existing support obligations
  •    Extraordinary medical expenses
  •    Extraordinary community debts
  •    A change in the child's needs
  •    Total or partial disability
Working together, we can find a support plan that is just and fair and can help you understand whether or not a deviation is justified.

Spousal Support & Alimony
Louisiana does not recognize alimony. Instead, Louisiana law provides for two types of spousal support: interim and final. Interim spousal support is money provided to one of the spouses during the divorce proceedings. When a spouse has not been at fault and is in need of support, based on the needs of that party and the ability of the other party to pay, that spouse may be awarded final periodic support.  The court shall consider all relevant factors in determining the amount and duration of final support. Those factors may include:
  • The income and means of the parties, including the liquidity of such means.
  • The financial obligations of the parties.
  • The earning capacity of the parties.
  • The effect of custody of children upon a party's earning capacity.
  • The time necessary for the claimant to acquire appropriate education, training, or employment.
  • The health and age of the parties.
  • The duration of the marriage.
  • The tax consequences to either or both parties.
  • The sum awarded under this Article shall not exceed one-third of the obligor's net income.
The obligation of spousal support terminates upon the remarriage of the spouse receiving support, the death of either party, or a judicial determination that the supported spouse has cohabited with another person of either sex in the manner of married persons.
The purpose of interim spousal support is to allow a spouse to seek a divorce without fear that their standard of living is going to decrease dramatically. With this purpose in mind, the courts attempt to maintain the standard of living the spouse enjoyed during the marriage during the divorce proceedings. This means that the courts will look at what the family spent during the marriage in trying to calculate the amount of interim spousal support. Interim spousal support may last six months beyond the date of the divorce. For example, if you have kids, you must wait 12 months to get a divorce. So, if you and your spouse separate on January 1, 2008, and you filed divorce on January 2, 2008, the soonest you could get divorced would be January 3, 2009. If you asked for interim spousal support, during the divorce proceedings (in other words, from January 2, 2008, through January 3, 2009), you may also continue to receive this interim spousal support for six months after the divorce is final. 

At the Lafayette, Louisiana, offices of Nathan G. Frazier, we represent clients throughout Abbeville, Breaux Bridge, Crowley, New Iberia, Opelousas, St. Martinville, Lafayette Parish, Arcadia Parish, Iberia Parish, St. Martin Parish, St. Landry Parish and Vermillion Parish, Louisiana.