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Louisiana Family Law Blog

Why would you need to modify child support?

Sometimes, it's necessary to ask the court to modify your child support arrangements. To do this, you'll have to ask the court to modify your support order.

You may have several reasons for seeking a child support order modification. There are a couple common reasons that judges see often including:

  • A change in jobs/earnings
  • A change in living conditions
  • A change in the custodial parent's living conditions
  • Changes to custody orders

Get to know your community property state's laws

Louisiana's laws respect that marriages are built on the backs of two adults. That means that all they do supports the other person and that they share in their responsibilities. As a result, when two people in a committed relationship divorce, they are expected to divide their marital property fairly and evenly.

Louisiana is a community property state. Marital property is divided 50-50 except for in some extreme cases where it can be shown that one person should receive much more than the other. Louisiana is one of few community property states with considerable exceptions to the 50-50 rule.

Your child's wishes will be heard in Louisiana

With a child, going through a divorce can be difficult. However, if that's what you have to do, then most people will find a way to get through the situation successfully.

Your main concern is with the health and happiness of your child. Every state has its own rules regarding custody and visitation, which you should be sure to learn more about. Louisiana is part of the states who have adopted the Uniform Child Custody Act, giving the state the ability to recognize custody orders from other states and jurisdictions.

Can you modify child custody agreements in Louisiana?

When you have an existing child custody order in place in Louisiana, you may, at some point, wish to modify that agreement for one reason or another. Maybe you wish to spend more time with your child than you currently do and you have recently moved to make this geographically possible. Perhaps you have concerns about the quality of care your child receives when he or she is with the other parent, and you believe that spending more time in your home would be in your child’s best interests. Regardless of your reasoning for wanting to change your current child custody arrangement, there are certain steps you must take in order to initiate the process.

First, you need to recognize whether you have a valid reason for requesting the change to your current custody agreement. To be successful in your pursuit of a child custody modification, you need to demonstrate to the court that a substantial change in your circumstances has occurred that warrants the custody change.

Work with your spouse to divide your assets fairly in divorce

When you look at everything that you've accrued during your marriage, it might be frightening to think about losing any of it in divorce. The reality is that divorces do mean that you'll likely end up with less than you have in your marriage, but that's with the trade-off that you'll be single and able to do what you'd like in your own life.

Despite this, it's important to know how your assets will be divided. There are two ways that you can divide assets, either through a judge's decision or by working out an arrangement with your spouse. Louisiana is an equitable distribution state, which means that you are not guaranteed 50 percent of the marital assets. As such, it's normally a good idea to work with your spouse to come up with a fair arrangement. The process of property division is called community property partitions in Louisiana.

A stressful divorce could drag on, so get the right help

Divorce can be difficult to deal with, but fortunately, even the most difficult will eventually be resolved. If you're involved in a contentious divorce, it's important that you get the right legal advice and support. Good help makes a world of difference in guiding you through what could be a harsh divorce full of trials and tribulations.

Psychologically, a difficult divorce can wear you down and become almost all you think about. The good thing about working with your divorce attorney is that they can help by taking on much of that stress for you. If you aren't going to negotiate with your spouse, then your attorney may be able to attempt to reach a settlement for you. With your approval and the approval of a judge, this is all it takes to resolve many issues you may come across.

Handling child custody between nations

One of the most difficult custody situations to handle is one where one parent is from another country. It's bad enough to deal with child custody concerns when parents are in different states, but handling custody across international lines is a whole different ballgame.

When you have a child who has dual citizenship or who has the potential to live in either country, it's a good idea to sit down and work out a strict plan for custody. Each parent deserves, in most cases, the right to see their child or children. How they do that is what you need to address.

Should I get a prenup?

Prenuptial agreements are becoming more common--and for good reason, as more couples recognize their advantages. For example, a prenup can help protect your business and any assets you bring into the marriage. If your beloved has a heavy debt load, a prenup can also shield you against having to pay any of the debt if the two of you potentially divorce.

Of course, prenups may not be for everyone. Couples might opt to skip one if neither person has a business, assets, debts, children, stay-at-home plans or expected inheritances that they would bring into the marriage. Here is a look at why some of these factors matter:

Foster child adoptions up in Louisiana

There are many types of adoption. One is the adoption of children who are in the state’s foster care system. Recent years have seen high levels of foster child adoption here in Louisiana. This year, totals for such adoptions have hit new heights in the state.

This is what recent numbers point to. According statistics from the state’s Department of Children and Families, 912 foster children were adopted in the state between October 2017 and September 2018. This is 141 more foster child adoptions than the previous one-year period saw.

When might you need a prenuptial agreement?

Contrary to popular belief, prenuptial agreements are not exclusively for high-asset earners who are marrying people who make less than them. Nowadays, all types of couples draft and sign prenuptial agreements that protect their best interests, and there are reasons couples at virtually all income levels may want to consider doing the same.

So, under what types of circumstances might it benefit you to draft a prenuptial agreement?

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