Louisiana Judgment of Divorce of child support, alimony

State:
Louisiana
Control #:
LA-5225
Format:
Word; 
Rich Text
Instant download

Description

This is an example of a Judgment of Divorce in favor of petitioner and against defendant. The court orders a decree of divorce "a vinculo matrimonii" (from the bonds of marriage). Defendant is ordered to make permanent alimony payments to plaintiff, but only during months when defendant is not caring for a foster child. The court also sets a date for the beginning of alimony and child support payments. Court costs are ordered to be divided equally between plaintiff and defendant.
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FAQ

A Judgment of divorce is a court's decision that officially ends a marriage, while a divorce decree is the formal document that outlines the terms of the divorce. This includes matters like property division, child custody, and, importantly, child support and alimony. Both documents serve vital roles, but the Judgment of divorce initiates the legal separation, while the decree provides the detailed guidelines. Ensuring you understand both can help you manage your responsibilities post-divorce.

The duration of payments is determined by a judge in Louisiana family court. Alimony length is usually based on length of marriage - one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).

In Louisiana, a divorced spouse, or an individual going through divorce, dissolution of marriage, or legal separation, may file for periodic support, otherwise known as alimony. When periodic support is applied for, there are many circumstances that are taken into consideration by the court and judge deciding the case.

Below are some of the factors a judge will examine: If alimony can make it possible for the receiving party to maintain a lifestyle that is close to what the couple had during the marriage. The length of the marriage. The age and health of each spouse. The earning capacity of each spouse.

Many states use the Uniform Marriage and Divorce Act as a basis in determining spousal support matters. This Act suggests that courts consider such factors as the spouses' age, physical health, emotional wellbeing and financial condition. The length of the marriage is typically considered with this Act and state laws.

A judge will assess if one spouse has a demonstrated financial need and if the other spouse has the ability to pay alimony. Alimony is generally awarded in cases where the spouses have very unequal earning power and have been married a long time.

California courts may award spousal support when couples go through divorce. Like orders for child support, spousal support orders must be fulfilled as they are mandated by courts of law.Most individuals subject to making spousal support payments have their wages garnished to meet their legal obligations.

The age, physical condition, emotional state, and financial condition of the former spouses; The length of time the recipient would need for education or training to become self-sufficient; The couple's standard of living during the marriage; The length of the marriage; and.

Child support affects alimony because it's considered income; and, therefore, it increases the net monthly income of the person who receives it. So, if we take person #1 from above and give her $700 per month in child support, then her net income would be $4200.

The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.

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Louisiana Judgment of Divorce of child support, alimony