Divorce Lawyer: Fault and Spousal Support in Louisiana

When seeking spousal support, it is best to maintain a file of all pertinent documents that may be probative to your petition.  Furthermore, it is important to make a strong showing at the trial court level since the appellate review standard in fault matters is the manifest error standard.  That is why it is ever so more important to make a good impression.  You need an experienced divorce lawyer.

When a trial court makes a finding of fault, it is a factual determination and thus is subject to the manifest error standard of review.  A showing of fault typically prohibits the divorce lawyer or the party at fault from seeking permanent spousal support.

To understand better how a divorce lawyer sees the issue of fault in the context of the code, it can be beneficial to examine a case.  In a 2010 case, the Louisiana Court of Appeal for the Fifth Circuit reviewed a trial court’s judgment finding wife free of fault and awarding her spousal support.

The wife alleged husband made $200,000 annually.  She indicated she was in need of permanent spousal support. The husband denied that he made $200,000 a year and went as far as stating he never made more than $40,000 a year.   Additionally, the husband accused the wife of being at fault.  He asserted that on one occasion, wife threw boiling water from a stove pot all over him.  As a result, the police came and she was arrested.  A protective order was issued in favor of the husband.

Though these facts sound severe, a divorce lawyer knows that it is important to put them in context.  When questioned about this incident, wife stated she acted in self-defense.  She asserted that husband was screaming and started coming after her with a knife.  She further asserted that she was disabled due to lupus and was in need of permanent spousal support.  Husband denied that she was unable to work due to her sickness and alleged that she is holding down two jobs under the table.  After reviewing the evidence and considering the law, the trial court ruled that the wife was free from fault and awarded her $2,000 a month in permanent spousal support.  The husband appealed.

Before advising a client to appeal a case, a divorce lawyer may consider the facts and whether the court may have been manifestly erroneous.  In the case at hand, the appellate court reviewed the record and determined that the wife was free from fault but modified the permanent spousal support award.  The appellate court determined that there was no evidence to show that husband made $200,000 a year.  As such, they determined his total monthly income was $1393.  Based on this figure, the appellate court modified wife’s spousal support to $490 monthly.  Judge Dufresne filed a dissenting opinion in which he believes the matter should have been remanded to the trial court for the taking of more live testimony.  Judge McManus filed a concurring opinion agreeing that the spousal support should have been modified but disagreed with the trial court’s finding that wife was free from fault.  

Spousal support can be a tricky issue, so it is important that you speak with an attorney.  This blog is only informational. Will Beaumont can be reached in New Orleans, La.