Financial stability is a critical concern when navigating a separation or divorce in Lake Charles,
Louisiana. Decisions regarding child support and spousal support (alimony) can profoundly
impact your family’s future. At The Colonna Law Firm, LLC, our dedicated Lake Charles
family law attorneys provide comprehensive legal guidance, working to secure fair and
appropriate support arrangements that protect your loved ones.
We believe in exploring every avenue for amicable resolution and out-of-court settlements to
minimize stress and expense. However, if negotiations prove unsuccessful, our experienced legal
team is fully prepared to litigate fiercely on your behalf in court to ensure your financial needs
are met and your rights are upheld.
Child Support in Lake Charles, Louisiana
Louisiana law is clear: both parents have a continuing obligation to support their children.
The purpose of child support is to ensure children do not suffer financially due to their parents’
separation and maintain a standard of living as if their parents were together.
How is Child Support Calculated in Louisiana?
Louisiana utilizes a Child Support Guidelines formula, which is an “Income Shares Model.”
This means:
- Combined Parental Income: The gross income of both parents (including salaries,
wages, bonuses, commissions, self-employment income, benefits, etc.) is combined. If a
parent is unemployed or underemployed, the court may impute potential income. - Basic Child Support Obligation: A basic support amount is determined from a state-
mandated schedule based on the combined adjusted gross income and the number of
children. - Proportional Allocation: Each parent’s share of the combined income determines their
percentage share of the basic support obligation. For example, if Parent A earns 60% of
the combined income, they are responsible for 60% of the support. - Additional Expenses: Beyond the basic obligation, the court also considers and allocates
additional reasonable and necessary costs, such as:
o Childcare expenses (due to employment or job search)
o Health insurance premiums for the children
o Unreimbursed medical, dental, and vision expenses
o Extraordinary expenses (e.g., special needs education, therapy, out-of-town
visitation travel)
Key Factors Influencing Child Support:
Gross Income of Both Parents: The primary determinant.
Number of Children: More children generally mean a higher total obligation.
Custody Schedule: The amount of time a child spends with each parent (e.g., standard
joint custody vs. shared custody) can influence the final calculation.
Existing Support Obligations: Any other child or spousal support obligations already
being paid by either parent.
Child Support Modifications in Lake Charles
Life changes can impact a parent’s ability to pay or a child’s financial needs. A child support
order can be modified if there’s a “material and substantial change in circumstances.”
Common reasons for modification include:
A significant increase or decrease in either parent’s income (often a 25% change or more
can trigger a review).
Changes in health insurance costs or medical needs of the child.
A substantial change in childcare expenses.
A major change in the child’s physical custody schedule.
Our Lake Charles child support lawyers can help you seek a modification if your
circumstances have changed or defend against an unjust request.
Child Support Enforcement
If a co-parent fails to make court-ordered child support payments, it can create significant
financial hardship. Our firm can assist with enforcement actions, which may include:
Wage garnishment
Intercepting tax refunds
Suspending driver’s or professional licenses
Motions for contempt of court
Spousal Support (Alimony) in Lake Charles, Louisiana
Spousal support, also known as alimony, is financial assistance paid by one spouse to the other
after a separation or divorce. Unlike child support, there is no strict formula; it is determined
based on the need of one spouse and the ability of the other spouse to pay, along with other
specific factors.
Louisiana recognizes different types of spousal support:
- Interim Spousal Support:
o Purpose: Provides financial support to the needy spouse during the divorce
proceedings.
o Duration: Generally awarded from the time of the divorce filing until the divorce
is finalized, or up to 180 days (six months) after the final divorce judgment.
o Factors: The court considers the financial needs of the requesting spouse, the
other spouse’s ability to pay, any child support obligations, and the standard of
living during the marriage. - Final Periodic Spousal Support:
o Purpose: Awarded post-divorce to a spouse who is in need of support and who is
free from fault in the breakup of the marriage. It helps the receiving spouse
become self-sufficient.
o Duration: Can be awarded for a limited time (e.g., for education/training) or,
more rarely, indefinitely (e.g., if a spouse cannot work due to age, disability, or
extraordinary childcare responsibilities).
o Key Factors Considered by the Court:
Fault: The spouse seeking final periodic support must be free from fault
in the divorce (e.g., not at fault for adultery, felony conviction, or abuse).
Domestic abuse committed by the other spouse, however, can favor an
award of spousal support.
Financial Need and Ability to Pay: The income and means of both
parties, including assets and financial obligations (like child support).
Earning Capacity: Each spouse’s ability to earn income, considering their
education, training, work history, and how child custody affects their
ability to work.
Time for Self-Sufficiency: The time needed for the requesting spouse to
acquire appropriate education, training, or employment.
Health and Age: The physical and mental health, and age, of both parties.
Duration of the Marriage: Generally, longer marriages may lead to
longer or higher awards.
Tax Consequences: The tax implications for both parties.
Domestic Abuse: The existence, effect, and duration of any act of
domestic abuse committed by the other spouse can significantly impact the
decision.
Spousal Support Modifications & Termination
Like child support, spousal support orders can be modified or terminated if there is a material
change in circumstances for either party. Spousal support typically terminates upon:
The remarriage of the recipient spouse.
The death of either party.
A judicial determination that the recipient has cohabited with another person in a
marriage-like relationship.
The recipient becoming self-sufficient.
Why Choose Colonna Law Firm, LLC for Support Matters in Lake Charles?
Financial security is paramount during and after a divorce. At The Colonna Law Firm, LLC, our
Lake Charles child and spousal support attorneys are dedicated to ensuring fair outcomes for
our clients:
Strategic & Honest Counsel: We provide clear, realistic advice, helping you understand
your rights and obligations under Louisiana law.
Diligent Calculation & Negotiation: We work meticulously to accurately calculate
support amounts based on state guidelines and advocate for your position in negotiations.
We prioritize reaching fair agreements outside of court to minimize conflict and
preserve resources.
Courtroom Readiness: If an agreement cannot be reached, we are fully prepared to
represent you aggressively in court, presenting a strong case to protect your financial
interests.
Experience with Modifications & Enforcement: We assist both paying and receiving
parties with modifying existing support orders or enforcing compliance when necessary.
Whether you are seeking child support, need to pay spousal support, or are looking to modify an
existing order in Lake Charles, LA, or Calcasieu Parish, you need knowledgeable and
dedicated legal representation.
Contact The Colonna Law Firm, LLC today for a confidential consultation. Let us help you
navigate the complexities of child and spousal support, ensuring a stable financial foundation for
your family’s future.