What Factors Are Used To Determine Final Periodic Support after a Divorce?

What Factors Are Used To Determine Final Periodic Support after a Divorce?

 

 

Louisiana law allows for final periodic support to be granted to a spouse that was not at fault prior to the filing of the petition for divorce. In Louisiana divorce cases, final support may be awarded to such a spouse who is in need of support, and shall be awarded where the court determines that party was the victim of domestic abuse committed during the marriage by the other party.  LA Civil Code Article 112 provides relevant factors to determine the amount and duration of final support, including:

(1)    The income and means of the parties, including the liquidity of such means.

(2)   The financial obligations of the parties, including any interim or final child support obligation.

(3)    The earning capacity of the parties.

(4)    The effect of custody of children upon a party’s earning capacity.

(5)    The time necessary for the claimant to acquire appropriate education, training or employment.

(6)    The health and age of the parties.

(7)    The duration of the marriage.

(8)    The tax consequences to either or both parties.

(9)    The existence, effect, and duration of any act of domestic abuse committed by the other spouse upon the claimant regardless of whether the other spouse was prosecuted for the act of domestic violence.

For more information regarding final periodic support or Louisiana divorces, contact a lawyer.

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