Louisiana Interim Order

State:
Louisiana
Control #:
LA-PB-027
Format:
Word; 
Rich Text
Instant download

Description

This is an interim order on a petition for emergency services for a protective order for an elderly person, ordering that the matter be continued for 30 days

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FAQ

Can a child choose not to visit a parent? The mere age of your child will not determine your family law matter. There have been cases before the Court where a 17 year old child's wishes were given limited weight because the basis for this child's decision was not balanced.

In cases where parents can't agree, a judge will decide visitation and custody based on the child's best interests.Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.

Temporary alimony or spousal support is an order for support that comes during a divorce, legal separation or even an annulment case after one party has filed such a request with the court.Temporary spousal support is also called pendente lite spousal support, which means an order made during the pendency of a case.

Generally, the petition is filed in a civil district court in the parish in which the interdict is domiciled (permanent home). If the defendant does not have a permanent home, the petition is filed where he resides or where he is physically present if he is not a resident of the state.

An ex parte order of temporary custody shall: (1) Expire by operation of law within thirty days of signing of the order; however, the order may be extended for good cause shown at any time before its expiration for one period not exceeding fifteen days.

Some judges have stated that a 5-year-old child is too young to have an opinion on custody and won't consider such a young child's opinion at all. If the child is at least 12 years old, courts will usually give the child's preference some weight. Courts don't have to follow a child's custodial preference.

Under Louisiana law, interim spousal support ends when the court makes a final judgment about spousal support or 180 days after your divorce is finalized, whichever comes first. Sometimes Louisiana courts extend interim spousal support, but you need to provide a compelling reason.

How Long Must One Pay Alimony (Spousal Support) For longer-term relationships, as well as in cases where the parties' have children, the courts generally do not place a time limit on alimony. This does not mean you'll need to pay spousal support forever or that you'll receive spousal support forever.

An award of interim spousal support is a temporary order that is eventually replaced by a final spousal support order upon the conclusion of divorce proceedings. Just like a final spousal support order, interim alimony is determined based on the parties respective income and expenses.

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Louisiana Interim Order