Legal Question in Family Law in Louisiana

community property settlement

i have temperorary custody of our 3 children ages 18, 12 and 8. my husband is fighting for custody. since i am not employed and have all 3 kids with me do i have to settle the property 50/50 or could i receive more? he currently resides in chicago, illinois and has already purchased 2 homes there. we live with my parents and do not have a decent car to transport my kids in.

thanks


Asked on 3/14/05, 9:53 am

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: community property settlement

The custody of an 18 year old is not at issue. Unless there is some agreement concerning your receiving more than 50% of the community property in lieu of child support or alimony, then all you have a right to is 50% of the assets and 50% of debts. I assume you are divorced, since his buying 2 houses would have had to be done with separate property and not community property, otherwise you have an interest in those houses. You need to sit with your own attorney and figure the best way to handle your situation. Also, since your children are all over 5 years of age, you should be working or the court can impute at least minimum wage to you.

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Answered on 3/14/05, 10:48 am


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