I live contained by Louisiana. Going through divorce. Attorney told me I am entitled to 1/2 of his profits.?
A friend of mine said I'm only entitled to 1/2 of his earnings for a year from the time I file. I thought it was until the divorce was final. Anyone know? I'm a stay at home mom, so he's be the sole breadwinnner for most of the marriage.
Answers:
I'd listen to the legal representative, not the friend.
Listen to your attorney. They know the law surrounded by Louisiana and they know your case. We don't.
Louisiana is a community property which means that your advocate is correct. Until the divorce becomes final, half of your husband's proceeds are yours. Also here is some other information you might want to know:
Divorce in Louisiana - 10 Commonly Asked Questions
(provided by Michael D. Conroy, Esq.)
1. How do you get divorced?
Louisiana imperative permits a divorce when:
1 ) the parties own lived separate and apart for six months when the petition is filed.
2) the parties enjoy lived separate and apart 180 days after the petition is filed.
3 ) Adultery, is proven.
4) a spouse is convicted of a felony and sentenced to a year or more in prison.
2. What is community property?
Unless nearby is a valid marriage contract to the contrary, the spouses joint own adjectives assets earned by either spouse as community property. This includes the revenue from separately owned property, unless a document to the contrary is properly file with the clerk of court.
3 What is separate property ?
Property owned by either spouse prior to matrimonial, gifts and inheritances are owned as separate property of the spouse. Assets such as retirements earned in another state is classified underneath that state's laws
4. Who is responsible for debts incurred during the marriage?
Debts incurred during the bridal are community debts unless it can be proven that the debt was incurred solely for the benefit of the spouse who incurred the debt. Separate funds commingled or mixed with community funds can lose their identity as separate funds.
The Courts walk out of their way to classify property and debts as community.
5. How does divorce affect income and debts community property debts?
Income earned after the divorce is file is the separate property of the party who earns the income.
Debts incurred after the divorce is file are separate debts of the parties. The spouse who pays community debts after separation but before the divorce is file is not entitled to reimbursement. The spouse who pays community debts after divorce is filed is entitled to reimbursement.
Many those want to get their lives in demand before filing for divorce. Paying the credit card debt until that time filing is a costly error.
6. What can my attorney get for me in need waiting for a court date?
Either party can seek and is automatically, given a Temporary Restraining Order prohibiting the spouse from: foul language or harassment or disposing of or encumbering community property.
On strong evidence of sternness, the court will grant custody ex parte. The ex-parte orders are any extended or dismissed at the first hearing before the referee. This hearing before the Judge is set for in the order of two months after the divorce petition is filed.
7. How long do I have to dawdle before the court orders him or her out of the house and to me child support and alimony?
The first court audible range on child support and interem spousal support (alimony) will take about six weeks to two months from the date of file of the divorce petition pleading for these reliefs. The court will also rule on use of the family home and vehicles at this time.
Use of the inherited home and custody can be secured by ex-parte orders under clear in your mind conditions involving physical abuse. The general rule is that any or both parties can remain in the house until the audible range before the Judge.
The Court will not divide up the community property during these preliminary proceedings unless both parties agree as to the division.
8. How is alimony determined?
Interim spousal support (formerly alimony pendente lite) is intended to equalize the financial situations of the parties prior to the division of the community property. Fault, even adultery is not supposed to be an issue for interim spousal support but the Judge is not required to give any faddy amount for interim spousal support. The law gives Judges the power of judicial discretion, which money the Judge's factual decisions will once in a while be reversed on appeal.
9. How is child support calculated?
The court is required by law to follow child support guidelines in determining child support. The guidelines christen for a calculation based on the combined income of the party with the non-domiciliary parent paying the domiciliary, parent.
The Judge's law clerk surrounded by the capacity of hearing officer, will review the parties' excise returns, income statements and other proof of income and calculate the child support. Your attorney can provide you an easy to apprehend chart on child support amounts.
Day care, heath safekeeping coverage and in some circumstances private school and summer military camp are added to the award proportionately to the income of the parties. The guidelines go up to a combined income of $120,000.00. If the income is greater, the Court has judicial discretion to determine the child support award.
A mother with children of the wedding under the age of 5 is not expected to work. Parents are expected to earn their income potential and will be assessed child support at that level if lower than employed.
10. How does the court decide custody and visitation?
Custody is determined according to by "the best interests of the child." By law, Joint Custody is considered to be within the child's best interest. The party named domiciliary parent make all legal decision for the child unless otherwise provided for in the Joint Custody Plan, which the Judge signs. The standard for changing domiciliary parent is much more difficult if the Court hear evidence and makes an evidentiary ruling.
The non domiciliary parent will be awarded up to 50% visitation depending on the facts. The Court has great latitude within determining what visitation is in the best interests of the child. A 50-50 arrangement generally requires both parents live close to the academy the child attends.
The typical visitation schedule is for the children to live with the mother during the institution year and the father during the summer. Weekends are alternated and sometimes Wednesday visitation is awarded. This arrangement can be modified to provide for between 25 and 50% time by the non domiciliary parent.
Every day fathers are awarded custody but this is still the exception to the rule.
Courts almost never separate children.
The Court's tend to bend over backwards to accommodate father who want to spend more time with their children at times to the great disruption of the domiciliary mother. Source(s): Information provided by:
Michael D. Conroy, Esq. located at
http://www.divorcesource.com/LA/DS/conro…
sorry to hear that But i would think it be until the divorce was final. By the way I m from La too
The amount of child support and possible alimony depends on various factor. Ask a lawyer, not your friends.
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Answers:
I'd listen to the legal representative, not the friend.
Listen to your attorney. They know the law surrounded by Louisiana and they know your case. We don't.
Louisiana is a community property which means that your advocate is correct. Until the divorce becomes final, half of your husband's proceeds are yours. Also here is some other information you might want to know:
Divorce in Louisiana - 10 Commonly Asked Questions
(provided by Michael D. Conroy, Esq.)
1. How do you get divorced?
Louisiana imperative permits a divorce when:
1 ) the parties own lived separate and apart for six months when the petition is filed.
2) the parties enjoy lived separate and apart 180 days after the petition is filed.
3 ) Adultery, is proven.
4) a spouse is convicted of a felony and sentenced to a year or more in prison.
2. What is community property?
Unless nearby is a valid marriage contract to the contrary, the spouses joint own adjectives assets earned by either spouse as community property. This includes the revenue from separately owned property, unless a document to the contrary is properly file with the clerk of court.
3 What is separate property ?
Property owned by either spouse prior to matrimonial, gifts and inheritances are owned as separate property of the spouse. Assets such as retirements earned in another state is classified underneath that state's laws
4. Who is responsible for debts incurred during the marriage?
Debts incurred during the bridal are community debts unless it can be proven that the debt was incurred solely for the benefit of the spouse who incurred the debt. Separate funds commingled or mixed with community funds can lose their identity as separate funds.
The Courts walk out of their way to classify property and debts as community.
5. How does divorce affect income and debts community property debts?
Income earned after the divorce is file is the separate property of the party who earns the income.
Debts incurred after the divorce is file are separate debts of the parties. The spouse who pays community debts after separation but before the divorce is file is not entitled to reimbursement. The spouse who pays community debts after divorce is filed is entitled to reimbursement.
Many those want to get their lives in demand before filing for divorce. Paying the credit card debt until that time filing is a costly error.
6. What can my attorney get for me in need waiting for a court date?
Either party can seek and is automatically, given a Temporary Restraining Order prohibiting the spouse from: foul language or harassment or disposing of or encumbering community property.
On strong evidence of sternness, the court will grant custody ex parte. The ex-parte orders are any extended or dismissed at the first hearing before the referee. This hearing before the Judge is set for in the order of two months after the divorce petition is filed.
7. How long do I have to dawdle before the court orders him or her out of the house and to me child support and alimony?
The first court audible range on child support and interem spousal support (alimony) will take about six weeks to two months from the date of file of the divorce petition pleading for these reliefs. The court will also rule on use of the family home and vehicles at this time.
Use of the inherited home and custody can be secured by ex-parte orders under clear in your mind conditions involving physical abuse. The general rule is that any or both parties can remain in the house until the audible range before the Judge.
The Court will not divide up the community property during these preliminary proceedings unless both parties agree as to the division.
8. How is alimony determined?
Interim spousal support (formerly alimony pendente lite) is intended to equalize the financial situations of the parties prior to the division of the community property. Fault, even adultery is not supposed to be an issue for interim spousal support but the Judge is not required to give any faddy amount for interim spousal support. The law gives Judges the power of judicial discretion, which money the Judge's factual decisions will once in a while be reversed on appeal.
9. How is child support calculated?
The court is required by law to follow child support guidelines in determining child support. The guidelines christen for a calculation based on the combined income of the party with the non-domiciliary parent paying the domiciliary, parent.
The Judge's law clerk surrounded by the capacity of hearing officer, will review the parties' excise returns, income statements and other proof of income and calculate the child support. Your attorney can provide you an easy to apprehend chart on child support amounts.
Day care, heath safekeeping coverage and in some circumstances private school and summer military camp are added to the award proportionately to the income of the parties. The guidelines go up to a combined income of $120,000.00. If the income is greater, the Court has judicial discretion to determine the child support award.
A mother with children of the wedding under the age of 5 is not expected to work. Parents are expected to earn their income potential and will be assessed child support at that level if lower than employed.
10. How does the court decide custody and visitation?
Custody is determined according to by "the best interests of the child." By law, Joint Custody is considered to be within the child's best interest. The party named domiciliary parent make all legal decision for the child unless otherwise provided for in the Joint Custody Plan, which the Judge signs. The standard for changing domiciliary parent is much more difficult if the Court hear evidence and makes an evidentiary ruling.
The non domiciliary parent will be awarded up to 50% visitation depending on the facts. The Court has great latitude within determining what visitation is in the best interests of the child. A 50-50 arrangement generally requires both parents live close to the academy the child attends.
The typical visitation schedule is for the children to live with the mother during the institution year and the father during the summer. Weekends are alternated and sometimes Wednesday visitation is awarded. This arrangement can be modified to provide for between 25 and 50% time by the non domiciliary parent.
Every day fathers are awarded custody but this is still the exception to the rule.
Courts almost never separate children.
The Court's tend to bend over backwards to accommodate father who want to spend more time with their children at times to the great disruption of the domiciliary mother. Source(s): Information provided by:
Michael D. Conroy, Esq. located at
http://www.divorcesource.com/LA/DS/conro…
sorry to hear that But i would think it be until the divorce was final. By the way I m from La too
The amount of child support and possible alimony depends on various factor. Ask a lawyer, not your friends.
Related Questions: