In a Louisiana divorce, one of the most complicated and frequently contentious issues is how much spousal support, if any, one former spouse will be ordered to pay the other. There are many factors that go into determining this, and it is imperative for both sides to understand them. Final periodic support should be considered for former spouses who are ordered to pay and former spouses who will receive payment.
Final periodic support will be ordered if a spouse who is receiving it is not deemed to have been at fault before the divorce filing was made, has needs that must be paid for, and the other spouse is able to pay. There are certain factors that are part of this law when deciding if there should be final periodic support. When seeking to receive support or concerned about being ordered to pay, it is wise to know how the law deals with these issues.
The factors for final periodic support include: the income of the parties; the means of the parties and if there is liquidity with those means; if there are financial obligations including child support; the parties' earning capacity; how much being granted child custody will impact their earning capacity; how much time it will take for the receiving party to gain education, training or employment; their health and age; how long the marriage lasted; if there are tax consequences and what they are; and if there were domestic abuse issues in the relationship.
The end of any marriage can be difficult and the emotional disruption is often compounded by personal concerns such as how the person will make ends meet if they are seeking support and how much the person who is asked to provide support is able to pay. Having legal assistance for either perspective is a key factor in an acceptable resolution. Some cases can be resolved amicably. Others need to go to court to be settled. A law firm that understands these laws and all areas of divorce can help with a case.