Family Law

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Family Law

Our families can be the greatest source of joy, but also our greatest struggle.

Unfortunately, this reality often leads to the need for a lawyer. The area of family law includes everything from divorce and child custody to helping you care for family members who can no longer care for themselves due to physical or mental issues. 
No matter the situation, we are equipped for the job.
If you are needing an attorney to fight for you in a divorce, and help you transition through what is likely one of the toughest times of your life, we can help.

Jimbo’s years of experience in ministry has allowed him to develop a unique outlook on the process of creating a new family norm. He understands that even after the divorce is finalized, when there are kids involved, you are still a family, whether you like it or not. This approach is one that attempts to keep the kid’s well-being at the center of every decision. 

 Whether it is a situation where both parents are good parents, but may no longer want to be together, or a situation where one parent is not in a position to properly care for a child, we can assist. We can fight for your interest, all the while attempting to preserve a level of civility to ensure that the parents can still work together in the future to give the kids the life and love they deserve.  

If you’re looking for a bulldog that goes in with a “scorched earth policy,” we are probably not right for you. 

 
But, if you are wanting an attorney that will not only help you fight your legal battle but will also do all we can to create an agreement that is workable and productive for your family, then give us a call.

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Divorce


Louisiana Custody And Grounds For Divorce


In this article, you will discover:

  • How long it takes to finalize a divorce in Louisiana.
  • When fault matters in a Louisiana divorce.
  • When a child has a say in custody decisions.


What Is The Process For Divorce In Louisiana? Are Grounds For Divorce Necessary?


There are two different types of divorce under Louisiana law: fault and no-fault. Within these types, there are subcategories. Most divorces are filed as no-fault, and under that, you have a 102 divorce, referring to Article 102 of the Louisiana Civil Code.


If you are going through a divorce and you don’t want to wait—perhaps you’ve already met someone, or you’re worried about protecting your community property—you want to go ahead and file a 102 divorce. For couples with no children, you then wait 180 days (six months) before filing a rule to show cause (finalization papers), then the court grants your divorce. If you have kids with that person, you must wait a one-year period rather than six months.


The other type of no-fault divorce is a 103 subsection 1. With this type of divorce, you wait the time period first, then file the divorce. With 102, you’ve filed, waited the six months or a year, then got it finalized; with the 103(i), you wait the six months or a year, then you file the petition for divorce. You have a hearing at that time, and the divorce is granted pretty quickly.


Under 102 and 103(i), you’re not alleging either party is at fault; you’re just saying, “Hey, we’re done.” To determine which no-fault divorce to file, it depends on how long you’ve been separated. When you go to the attorney to start the process, have you already been separated a couple of months, or did you have a knock-down-drag-out fight over the weekend, and you want it done now?


Under article 103, there are also different types of fault divorces:

  • adultery,
  • abuse,
  • imprisonments (someone will be locked away for a felony conviction for a number of years), etc.


These reasons entitle you to an automatic divorce, but you must prove those allegations.


Often, people deal with an unfaithful spouse, and they come in wanting a divorce based on adultery. The issue with these is they oftentimes are very hard to prove. You have to have an unbiased, third-party witness to come in and give credible testimony. Even if the cheating spouse admits to the adultery, saying, “Yes, I’ve been cheating on you for 15 years!” That’s still not enough under Louisiana law to have an adultery-based divorce.


You must have that third-party witness to say, “Yes, I saw them go into the hotel room,” or whatever the case may be. Oftentimes, we get a private investigator to do this. The benefit to this is, once that finding is established by the court, you’re entitled to an automatic divorce. However, those are often much more expensive and harder to prove.


When a Couple Is Divorcing, How Is Time Sharing Or Custody Determined In Louisiana? Does The Child Have A Say?


Under Article 134 of the Louisiana Civil Code, we always look at what is in the best interest of the child (BIOC) in determining custody. This standard gives 14 factors the court is supposed to lean on in making the determination. Everything they do is done through the lens of what is best for the child and in the child’s best interest.


Whether the child has a say depends on the age and maturity of the child. There is no hard and fast rule that says when you’re age 12, you get to choose. The court looks at the maturity of the child, the circumstances of the parents, the child’s ability to reason, and then the past relationship. If you have a daddy who worked all the time, only home on the weekends, and a mom who has always been the primary caregiver, the court will take that into account.


What the court does not want is to award custody to mama because the child is 13 years old, and daddy’s house has rules, homework, and a curfew, but mama’s house doesn’t. Of course, the 13-year old wants to go live with the mama. The court’s going to ask, “Is that in the child’s best interest? Is it in their best interest to go to the house where they might not have homework done or go to school? Or is it in the child’s best interest to go to the parent who is more regimented?” In that scenario, the court will lean in less to what the child wants and more on the facts.


Conversely, we have a child of 15, fighting with her mama all the time over the mother’s new boyfriend living in the house. If the daughter is uncomfortable with him living in the house because he’s not related and she’s a young woman going through changes, the court is going to give her wishes a lot more deference. Provided both parents are offering a stable household and dad is providing proper care, the court is likely to respect the daughter’s wishes.


Custody is always done through the lens of what is best for the child.


For more information on Family Law in Louisiana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (318) 633-0053 today.


Child Support


Louisiana Child Support And DIY Divorces


In this article, you will discover:

  • The key factors the Louisiana courts use to determine child support.
  • How sharing custody can decrease the child support you owe.
  • Why saving money on a DIY divorce can cost you more in the long run.


Who Is Responsible For Child Support In Louisiana When Parents Are Divorced, Not Married, Or Not Together? How Is The Amount Determined?


Child support in Louisiana is determined according to the revised statute 9:315 by an Income Shares Model. The court looks at the total combined amount of income from both parents and the number of children in the family. The court refers to the income shares chart in that statute for the total monthly gross income of the couple and the number of children to determine tort support obligation.


Let’s say a couple has two children and makes $100 dollars a month. Daddy makes $75 a month; mom makes $25 a month. The court finds $100 a month on the chart, then moves across to two children to determine it’s $10 a month to support two children on that income. The court then assigns the percentage each parent is responsible for. They will say, “Okay, dad, you’re responsible for 75% of the $100 a month, so you’re responsible for 75% of the child support, so $7.50. Mom is responsible for $2.50.” In this example, mom’s $2.50 is subtracted from Dad’s $7.50, meaning dad has to pay $5 to provide support.


Support is also dependent sometimes on child custody arrangements, so there is a whole separate chart, schedule B. If you have shared custody, you have joint custody. When one parent has physical custody of the child at any point, and it switches off. Often the dad would get the children every other weekend; mom has them for ten days, and dad has them for two. The court takes this into consideration when calculating support.


If custody is a joint shared custody agreement, generally one week-on, one week-off, each parent has the child for half the year. Then it’s not fair for dad to be paying child support in that amount. He’s already paying to support the child anyway. Schedule B may calculate less child support obligation because both parents are already carrying their home weight by having the child one week-on, one week-off.


Can I Handle My Louisiana Divorce Or Custody Case On My Own? Do I Have To Hire An Experienced Divorce Attorney?


Absolutely you can handle your own divorce or custody case, but you can also pull your own teeth. I wouldn’t recommend either. There is no requirement under Louisiana law that you hire an attorney to file anything when you’re dealing with these types of cases. Often, the issue is people don’t understand the implications, especially dealing with community property, division of assets, child support, child custody, etc.


You can file your own divorce, but you’re running the risk of realizing you don’t know what you’re doing. You might not figure it out until you’ve already got the bad end of a deal, especially if the other party is represented by an attorney. All-of-a-sudden, you owe a bunch of spousal or child support that you might not have been on the hook for if you had an attorney familiar with these matters, representing your interests adequately.


For more information on Family Law In Louisiana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (318) 633-0053 today.


  • Child Custody
  • interdiction continuing tutorship – special needs for adults children

Changes That May Require Modifications To An Established Child Custody Order?


In this article, you will learn:

  • How child custody orders may be changed
  • The requirements for a request for modification


There are two types of judgments or orders: a consent judgment, meaning the parties agreed, or a considered decree or judgment, and that means that Mom and Dad could not agree, and the judge had to make the decision. In order to change a consent judgment meaning, there has to be a material change in circumstance, meaning something has materially changed that makes the consent judgment no longer in the best interest of the child. The court does not care about the parents’ wishes as much as they care about the child. Everything the court does is supposed to be in the child's best interest. For example, assume Dad was living in a small apartment and didn't have room for the three children. The original agreement was that he would get the kids every Saturday from 9:00 to 6:00 and now Dad goes and buys a house with four bedrooms and enough room for all the kids.


There's been a material change, and the reasoning for the previous judgement no longer exists so he can come back for a change in arrangement. That's the consent judgment. The other is a considered decree, and that is when the court has to make a decision. That is a very difficult thing to change. The Judge made the decision and now it is pursuant to the Bergeron standard, that requires more than material change; it's material change on steroids. So it is always in the best interest of the parties when they're arranging custody to try their best to come to an agreement, because when you have a consent judgment, it allows flexibility for the ever-changing ebbs and flows of life. 


If you are unable to agree, and you won't allow some negotiations, and the Judge decides it, that judgment becomes exponentially more difficult to overcome. It’s going to be much more difficult and much more expensive for you to change that down the road, no matter what happens with life's changes. You have to show that not only is there a material change, but that it would be harmful to the child to not modify the judgment, which is a much higher standard than the consent judgment. 


Situations That May Require Changes To Be Made To An Established Child Support Order


There could be a couple of different things. First, a change in income. Louisiana has an income shared model. They take the total gross income of the parties per month and put it into a chart with how many kids you have. For example, if Dad made $60 a month, mom makes $40 a month, so together, they make $100 per month, and they have two children. There's a chart in Title 15 of Louisiana Revised Statutes, you go down to $100 per month, and you go over the two kids, and it gives us the total support obligation. Then you determine the percentage of the total gross each party has. So, for example, Dad makes up 60% of the total monthly income, Mom makes up 40%. So, what the court does is 60% of $20 is $12, and so Dad’s support obligation is $12 a month.


So, a reason for changing could be now Dad or Mom makes more or less money. It could be that the previous support obligation was based on two children and now the oldest child has a graduated high school or turned 18, whatever happens later. But now that one of those children is no longer having to be supported by Mom or Dad, it is revisited. 


For more information on Modification Of A Child Custody Order In Louisiana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (318) 633-0053 today.

The Situations That May Call For A Modification Of A Spousal Support Order


In this article, you will learn:

  • How support orders may be requested to be modified
  • How orders are generally enforced in LA


Unlike child support, spousal support is generally left up to the discretion of the judge. Louisiana has interim spousal support and final spousal support. Most people call it alimony in other places, but in Louisiana, it is final spousal support. Interim support is if you filed for a divorce, but the divorce hasn’t been “finalized” yet. There's a divorce pending, but it hasn’t been finalized. In this period, the spouse who has been the breadwinner has a support obligation, and the law says they have to maintain the spouse at the status quo of their standard of living. So, if they're very wealthy and making $800,000 a year and that's the status quo that the wife or husband is used to, the wife can’t just say okay, I’ll give you $2000 a month and that's it. Now you are only living off $24,000 while she has the remaining $776,000. You must maintain the status quo in the interim. During interim spousal support, fault is not a factor. Once the divorce is finalized, we turn to final spousal support. In Louisiana, final spousal support is an uphill battle oftentimes, as it’s left to the discretion of the judge, and depends on the facts of the situation at hand. The judge generally wants to limit it in duration. He doesn’t want to say you have to support your husband or your ex-husband now for the rest of your life. It’s standard. 


So in our scenario, does Dad have a master's degree in engineering and just never worked because Mom was making money, or did Dad drop out of school to take care of kids and mom’s always been the breadwinner and he's never had the opportunity to go back to school because he's been taking care of kids or vice versa? So, the court is going to look at it and say, Mom has an obligation to support Dad until he's able to get a marketable trade or degree. It's very discretionary, and very fact dependent in terms of final spousal support. It's not like other states where you can request alimony for the rest of their life. It’s limited to a percentage of the person’s total income. 


How Custody Or Support Orders Are Generally Enforced In Louisiana


The main thing is that a custody or support order is an order of the court. So, you have to file what's called a rule for contempt. You're basically alleging that they're in contempt of a court order. So, if Mom is supposed to get the kids every weekend from Friday at 4:00 to Sunday at 4:00, and Dad stops showing up at the meeting place and is not bringing them, a lot of people want to call the cops. But it's not kidnapping; you can't kidnap your own child generally, and so, the cops are not going to get involved. It’s a civil matter, and Mom must go file a rule for contempt and say the father is disobeying a court order. 


Mom could potentially receive attorney’s fees for having to, what's called, rule him into court to enforce that the judgment. As far as child support, if he doesn't pay child support and goes long enough, he can actually be arrested, and he can have all his license suspended. Not just his driver's license, but even his hunting license and fishing license can be suspended. Also, whatever your trade is, if you have to require certification from the state, those could be suspended, and you can serve up to 90 days in jail. 


For more information on Modification Of A Spousal Support Order In LA, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (318) 633-0053 today.

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