Modifications to Spousal Support
Divorce Attorney in Baton Rouge
After a divorce is final and all the decisions have been made, including those regarding spousal support, it may feel like all the drama is over. However, life often gives us those little surprises we don't anticipate. Likewise, sometimes an agreement that was once workable is no longer a viable option, so you are left wondering how to proceed and what steps the process will entail.
Whether you are the person receiving support and now need to request more financial support, or you are the person providing support and need the amount adjusted for unforeseen circumstances, contacting a competent attorney is the first step. At The Layfield Law Firm, Beau Layfield has helped many families in similar situations. He knows the compassion and understanding it takes to ensure that all parties get the resolution they need.
How to Modify Your Support Order
There are many factors that can lead to the need to change a previous spousal support agreement. In order for a judge to consider a modification, there must be a proven change of circumstances, such as:
- Remarriage of supported spouse
- Loss of job by supporting spouse
- Medical issues of supporting spouse or of supported spouse
- Change in available assets of supporting spouse
- Supported spouse is cohabitating with a member of either sex as married persons
Each situation is different and the list above is only representative of a small example of what could be considered a significant change of circumstances. If you feel it is time for a spousal support modification, you will need a competent attorney to guide you through the process and ensure your personal needs are being met. Beau Layfield never passes his clients off to an associate. When you hire Beau Layfield, you get Beau Layfield working on your case.
Contact a Baton Rouge spousal support lawyer right away if you or your spouse have come across a significant change of circumstance and would like to seek a modification to a previous support agreement.
As a business owner trying to juggle responsibilities with my clients and in my business, it was important to find someone who understood the value of my time while helping me navigate me through a difficult divorce.- Former Client
I contacted him initially because The Layfield Law Firm website specifically listed "uncontested divorce" within the areas of practice.- Former Client
During this process, there were times when I became so frustrated that I wanted to give up. Beau always brought me back to reality and made suggestions to assist with my concerns.- Former Client
Hopefully I won't need a lawyer in the future, but if I do, I am calling Mr Layfield.- Former Client
How will child support be calculated?Child support is calculated differently depending on the state one resides in, but the general factors taken into consideration by the court when calculating payments include:
- the standard of living of the child prior to the divorce;
- the ability to pay of the parent giving child support;
- the specific needs of the child, including their food, clothing, and educational costs; and
- the needs and income of the custodial parent (the parent with primary custody of the child).
How do I know if I have a personal injury claim?
A personal injury accident is the result of the negligent, reckless or careless action of another. An accident that occurs from the use of a dangerous or defective product is an example of a personal injury accident. Another example is a drunk driver who causes a car collision with injuries or fatalities. In the case of negligence, the victim may be eligible for monetary compensation that can include lost income, medical expenses, and pain and suffering. Beau Layfield and The Layfield Law Firm, LLC can represent a client in court and negotiate with insurance companies to pursue the maximum possible compensation.
Should I take a settlement offer?
It is never a good idea to settle an insurance claim before speaking with a knowledgeable personal injury attorney that has experience with injury accident cases. Insurance companies have tactics they use to deny claims, redirect fault, and withhold available compensation. An insurance claim can be a complicated process and insurance adjusters can be intimidating to accident victims. An insurance company may assert that the injuries are not as serious as claimed, and attempt to settle quickly for a low amount.
How long will the divorce process take?
The length of your divorce proceedings will depend on different factors, which include how long it takes to serve divorce papers to your spouse, whether your spouse is willing to waive their rights to service and notice of trial, whether you have minor children from the marriage and legal delays. Typically, it will take 20 to 40 days to receive a divorce judgment from the court after papers have been served. If your spouse decides to waive his or her rights to service and notice of trial, the judgment can come swiftly. It is important to note that a judgment does not become finalized until the 30-day "appeals" window has ended.
Another important point to note is that you must be living separately from your spouse for six months (or longer if there are minor children from the marriage) before being able to file a petition, unless there are extenuating circumstances, such as your spouse committed a felony. Securing an attorney for legal representation may result in your divorce process being resolved much faster than you attempting to navigate the proceedings on your own.
How will custody of my child be decided?It is possible for you and your spouse to come to a decision regarding child custody without the court intervening.
However, if you and your spouse cannot come to a custody terms agreement, the court will decide for you, and will look at the following:
- the child's gender and age;
- the child's mental and physical health;
- the child's relationship with each parent;
- the parents' respective lifestyles;
- each parent's ability to provide basic necessities for the child, including shelter, food, and clothing; and
- the child's preference (if they are of a certain age).