Legal Question in Family Law in Louisiana
If I file for an increase in permanent spousal support in LA, and my former spouse does not appear and ignores all proceedings, will the Judge bring up the fact I don't pay child support himself or herself, even if my former spouse refused me to pay any, or would the Judge bring up the fact I'm voluntarily unemployed or underemployed, and hence refuse my request even though my former spouse has had an increase in salary? In other words, I want to know if I'll be successful in obtaining an increase if my former spouse ignores all proceedings, or will the Judge examine and decide according to what he or she feels is fair? I would greatly appreciate a response. My former spouse resides out of state.
1 Answer from Attorneys
In a proceeding to increase spousal support, your former spouse will need to be properly served. If after being served, he does not respond nor defends the suit, you can receive a default judgment. The Judge may or may not choose to hear testimony as to what increase, if any, they may feel is appropriate.
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