Child & Spousal Support

Child & Spousal Support

Child Support

Louisiana has a set of laws called the Child Support Guidelines which guide the court to setting an award of child support. Part of the guidelines contain a table for the basic child support obligation for the children of the household based on the combined income of the parties. The court uses this figure as a part of the calculation. There are other factors that go into determining the ultimate amount of support awarded. This can include health and dental insurance premiums, uncovered medical costs, private school tuition, extracurricular activities, childcare costs, and other similar expenses. Another factor that goes into determining a child support award is whether the parties have equally shared custody or a more traditional custody plan.

Spousal Support

Generally, spousal support may be awarded by the court based on the needs of of the claimant spouse and the ability of the other spouse to pay support. The court can award interim spousal support between the time the divorce proceedings are initiated and the final divorce. Interim support considers, among other things, the standard of living the parties had while they lived together. Final spousal support, on the other hand, is concerned with whether a spouse has the means to meet his or her basic needs of food, clothing, and shelter. It does not consider the parties' previous standard of living. It also may not exceed one third of the paying spouse's net income. The party seeking final support must also prove that he or she was free from fault that lead to the break up of the marriage. The award or eligibility for final support may be influenced by how much liquid assets were awarded to the spouse in the settlement of the community property regime.