Divorce Attorney: How Child Custody May Affect Spousal Support in Louisiana

Many of us have heard of the term "alimony," yet perhaps some of us have not. To a divorce attorney, alimony is the general legal idea that one spouse may have to pay the other spouse money. In many cases, the reason is quite clear: it would simply be unfair to let the poorer or uneducated spouses have to fend for themselves after sharing in the vows of marriage with another person should that marriage go awry.

In Louisiana, alimony is known to a divorce attorney as "spousal support." It shares some of the same features as common law alimony. For one thing, as in the case in many other states, an adulterous spouse can lose their entitlement to spousal support.

Courts in Louisiana award spousal support according to the Louisiana Civil Code. This is a body of law which is specific to our state. One of the relevant articles in this code is article 112. Article 112 contains 8 different elements or factors for a court to look at when they are determining spousal support. Today's essay deals specifically with one of those factor, factor (4). This part of article 112 offers a divorce attorney to possibly consider "the effect of custody of children upon a parties' earning capacity" when awarding spousal support.

We cannot forget that in a marital breakup it is not always about the husband and wife; unfortunately children are oftentimes caught in the fray. When deciding which spouse (if any) is going to receive money from the other spouse, it makes perfect sense that the courts (and maybe even a divorce attorney) also look at where and with whom the children of the marriage are domiciled. This is exactly what factor (4) under article 112 is about.

Keep in mind that the tail end of factor 4 deals with the "earning capacity" of the spouse. This basically takes into account the spouses' level of education, their work history and experience, and other things which may indicate their relative ability to earn money. Factor (4) suggests that a court may consider that the parent who has custody of the children might have to sacrifice their work situation in order to care for the children. For those of you who have children, this is probably no stretch of the imagination. To raise a child can take an inordinate amount of time and attention. Many parents may elect to even quit their jobs so that this responsibility can be addressed in a proper manner.

Let's say that a couple who just ended their marriage has four children. All of the children are under ten years old. Let's say the husband is a salesman who travels extensively throughout the United States, and for this reason (among others) the mother is made the custodial parent of the children. Let's also say that the mother had a very good job as a manager at a local restaurant. However, as a result of the custody arrangement of the children, the mother has elected to quit her job to stay at home with the kids. Under factor (4) of article 112, a Louisiana family court may consider (and a divorce attorney may argue for) the mother's necessary cessation of employment, for the sake of the children, to be relevant in awarding her spousal support.

Will Beaumont practices family law in New Orleans, LA. He provides this article as a way to provide more information; but this article is just that: information – it is not legal advice. If you are in need of either more information and/or legal advice, contact an attorney.