Interim spousal can be simple to get provided that your spouse has sufficient means to pay.
Interim spousal support is designed to help the petitioner pending the litigation. Its purpose is to maintain the status quo until a final determination of final periodic support can be made. However, a spouse’s divorce lawyer seeking interim spousal support bears the burden of proving that she is so entitled.
In a case called Short v. Short, the district court which awarded interim spousal support to the ex-wife in the case. The former husband argues that he was not afforded a hearing wherein he would have the chance to enter evidence into the record in support of his claim of inability to pay.
In order to make factual findings pursuant to Louisiana Civil Code Article 113, a trial court must conduct an evidentiary hearing. As such, the appellate court agreed with the former husband that the trial court abused its discretion in failing to hold an evidentiary hearing. As such, the appellate court ruled in favor of the former husband and remanded the matter to the trial court.
A permanent award of spousal support can be demanded by a divorce lawyer after the proceeding to end the marriage. When contesting paying interim spousal support, it is important to know that you and your divorce lawyer have the right to be heard. A trial court must give the opposing party an opportunity to file evidence and explain the reasons why you should not have to pay interim spousal support. A trial court is required to consider the ability of the party to pay.
For example, if Big Henry is only making 1200 a month and Mo Money Monica is seeking 2000 in interim spousal support, then clearly Big Henry does not have the ability to pay 2000 in interim spousal support. As such, Big Henry’s divorce lawyer should file all the appropriate documentation that support is claim. If Mo Money Monica is not in need of any more money to maintain the standard of living enjoyed during the marriage, then she is precluded from seeking interim spousal support from Big Henry. Before you seek interim spousal support or defend against such claim, it is highly advised that you seek the advice of an experienced attorney.
Doing it by yourself or pro se, as we call it in the legal profession, this can lead to costly mistakes. Therefore, seek a divorce lawyer who will be honest with you may tell you something you do not want to hear, but will be truthful, upfront and honest. Sometimes clients have a losing case, but they should be informed of this.
Interim spousal support is a complicated issue. This provides just some insight into it. Consult an attorney for legal advice, as this article is just meant to be informational. Will Beaumont has an office in New Orleans, La.
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