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December 2016 Archives

We share custody of our kids. How does this affect child support?

Like many other Louisiana couples, you and your co- parent made the decision to continue to raise your children together despite the fact that your relationship ended. You both agreed to share custody in order to allow the children as much access to each parent as possible.

Use the divorce process to prepare your financial future

When a marriage ends, a Louisiana couple's time together often comes down to finances. Even when there are children involved, child support and other expenses are an integral part of the divorce process. This is the time when each party should be preparing for his or her financial future.

The divorce process is different after decades of marriage

Plenty of news articles exist about couples ending their marriages after decades together. The notion of staying in a loveless or unfulfilled marriage out of some duty or because there is no other choice has virtually disappeared from society. Older Louisiana residents feel they can start over, but they also need to know that the divorce process will be different for them than their younger counterparts.

You will need a QDRO to receive benefits from retirement accounts

Other than the marital home, one of the largest assets that Louisiana residents have is their retirement accounts. In most cases, the portion of those accounts that was acquired during the marriage could be subject to division in a divorce. Under the Employee Retirement Income Security Act of 1974 (ERISA), a qualified domestic relations order (QDRO) will need to be issued by the court before any funds can be dispersed for the benefit of the receiving former spouse.

Divorce decisions must include parenting issues

On just about any given day, couples in Louisiana decide to marry and some decide to divorce. Both of these decisions bring with them a number of other decisions that must be made. Some of these decisions include where to live and, if children are involved, parenting issues.

The question of paternity is not always an easy one

Before medical testing, such as DNA testing, men relied almost exclusively on the mother of a child to tell them whether they were her baby's father. Even today, many unmarried men here in Louisiana believe that they are the fathers of children based on their trust in the mother. However, the question of paternity is not always an easy one, and if a man discovers that he might not be the father, he will need to take legal steps in order to have his name removed from the birth certificate if he is already identified as the biological father.

Prenuptial agreements are not a bad omen

Prenuptial agreements have gotten a bad rap as being something couples get because they expect that their marriage won't last. Many couples deny themselves some important benefits by refusing to consider one. In states like Louisiana, community property laws mean that the court divides your joint assets and debts evenly in the event of a divorce. Having a prenuptial agreement can certainly make the process of property division much more agreeable.