Divorce Lawyers: More Louisiana Dos and Don’ts (Part II)

Sometimes the law can be a mine field for those who do not know how to navigate it.  This can be said for all sorts of types of legal areas, including issues involving the family.  It is important that anyone who is facing a family law question consult with an attorney as soon as practicable, because many times children and livelihoods hang in the balance.  Today’s article will deal generally with a few topics as part of a divorce lawyers’ “Dos and Don’ts” series on Louisiana family law.

DIVORCE LAWYERS DON’T: think that simply by virtue of being unemployed or underemployed that your child support obligation will be lessened.  The Louisiana court system is aware that parents who owe child support may try and manipulate their financial status in order to avoid more heft support payments.  They do not take kindly to this practice.  A court will likely consider if the person owing the child support is “voluntarily underemployed or unemployed” when rendering the award amount.  They may even consult with an official registry of average salaries for the state of Louisiana.

DIVORCE LAWYERS DO: ask a family court to consider “extraordinary expenses” when factoring what a child support award will be.  Louisiana law provides for situations where the basic child support payment can be enhanced given certain criteria.  If the child is accepted to a private school, or is interested in a camp or other extracurricular program which could better them socially or culturally, a court might be willing to make the other parent split the costs of attendance.  Remember, child support does not always mean the bare minimum required for a child to eat and sleep!  The goal is provide the child with the most productive life possible, which is still within the means of the parents cooperatively.

DIVORCE LAWYERS DO: consider a full or limited interdiction for a family member who can no longer care for themselves.  In Louisiana, interdiction provides families and loved ones with the ability to manage some or all of the affairs of a disabled person.  Full interdiction puts all of that persons rights into the hands of another trusted person (called a “curator”) whereas limited interdiction only selectively gives away the person’s rights.  In some circumstances, mentally handicapped people are a good fit for limited interdiction, when there are capable of taking care of their personal lives, but do not have the management skills to oversee financial matters.

DIVORCE LAWYERS DON’T: think that a longstanding and family-like relationship will hold up in a court of law if there is not official legal relationship.  We see this sometimes in the instances of same sex relationships as well as “informal adoptions.”  If you want a loved one who is not a legal family member to receive ownership interests in your property after you pass, make sure to devise a will which specifically includes them, or formally adopt the child in the instance of “informal adoption.”  These are ways to ensure that these people inherit the rights which family members would.   There are other ways to accomplish this goal as well, such as donation.

This above is informational only, not legal advice. Will Beaumont. New Orleans.