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Louisiana Family Law Blog

Child support: Your child deserves it, and you can seek it out

As your child grows up, they tend to need more financial support. First, it started small. They needed food and clothing. Now, they're starting school. They'll need to pay school fees, to pay for field trips and to pack a lunch. They'll need new school clothes, too.

You can only imagine how much more costly this will be as your child continues to age. That's why it's so important that you're getting your child support payments on time and in full.

Do you plan to seek alimony in a Louisiana court?

Perhaps, you're one of many Louisiana spouses who sacrificed a career to stay home and raise a family. Maybe that was 10 or more years ago, and you never regretted your decision. Now, your kids are older, and you've determined that your relationship with your spouse is no longer sustainable. You've been out of the work force for many years, and you know you are currently not able to be financially independent. Like many other spouses have done, you plan to request alimony in court.

The court doesn't necessarily grant every request for alimony it receives. The judge overseeing your case will take numerous factors into consideration when deciding whether spousal support is necessary in your particular case. It's critical that your spouse be willing to fully disclose his or her financial situation in order for the court to make a fair decision.

Get to know a summary divorce: A quicker solution

Are you interested in getting through your divorce quickly? Do you have nothing to contest? If you've found yourself in this situation, you may want to look into a summary divorce.

A summary divorce has a few benefits including that there will be:

  • Less paperwork
  • Less time spent on negotiating
  • Less time spent in court

What's fair isn't always equal: Get the help you need

You want to divide your property fairly, but you don't love the idea of an equal division of your assets. You've worked the entire time you've been married, and your spouse didn't. You provided for them, even though they were capable of working themselves. You feel frustrated by the idea that you could lose half of everything you've put into this life all because of the state's laws.

Before you get too upset, it's important to talk to your attorney about showing which property is separate and which should be considered as marital. The more you can show as private, separate property, the less marital property there will be to divide.

What are the rules for child support in Louisiana?

Child support is important for kids who are growing up between homes and families. It's there to give them the financial support they may have had if they were growing up in a two-parent household. It helps give them access to the things they need, like food and shelter, but it can also be used to give them access to activities like extracurricular sports or to schooling, like college.

Every state has its own guidelines for child support. Louisiana bases child support on the needs of the child as well as the resources that the parents have access to. This helps keep the system fair.

Louisiana is seeing a lower divorce rate, but why?

If you could choose a state to live in because of low divorce rates, would you? Could you question if the state has some difference that makes it better for married couples, like better jobs or a lower cost of living? You could, but the facts that you hear about states with lower divorce rates aren't telling the full truth.

You may think it's good news when you hear that divorce rates are down in Louisiana. A recent study showed that Louisiana's divorce rate has dropped 22.73% in the last decade. That isn't the entire story, though. The reality is that the state's marriage rate is down 28.17% and that its divorce rate is dropping as a result of people simply not getting married at all.

You could reap the benefits of a parallel parenting plan

Emotions often run high in a divorce, which can set the stage for conflict. If this sounds familiar to you, it may be difficult for you to imagine how you and your future former spouse are going to continue to parent your children after the divorce.

After all, you can hardly stand to be in the same room together. You both may be struggling to work out your own divorce settlement because you know that going to court will only make matters worse. Co-parenting feels out of the question, so you need an alternative.

How can you help an adopted child through divorce?

No one wants to have to go through a divorce, especially when it's going to affect their family. Whether you have stepchildren, adopted children or biological kids, everyone is affected when you divorce.

If you have an adopted child, this is something you will need to consider carefully. Adopted children have already, in many cases, felt a sense of loss by losing their biological parents. They may be worried about being abandoned or feel scared about what will happen if you and your spouse divorce.

What do you do if your spouse wants a divorce when you don't?

Divorces can be difficult to live with. You may have devoted your entire life to your spouse and be shocked that they want to leave. It's hard to imagine your life without them and to handle the stress of your divorce.

Still, if that's what someone wants, there is no great way to stop them. If a divorce is imminent, you'll need to start making plans to take care of yourself, such as talking to your attorney about the budgeting you have in place and if you will need spousal support or other considerations.

How can you recognize a risk of parental kidnapping?

Child custody is something that can be difficult to arrange for some parents. Both parents may disagree on custody arrangements, and one might be angrier than the other about the resulting agreement after divorce. While most parents deal with disappointment and frustration by taking cases back to court or negotiating more with the other parent, some others try to take matters into their own hands.

Parental kidnapping is something that no parent should have to be worried about, but in today's world, it is easier than ever to travel with children and to reach destinations you might never be able to locate. Parents who feel they're being pushed away sometimes do try extreme measures to get time with their kids. For some, that means going as far as to kidnap their own children.

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