Legal Question in Family Law in Louisiana
My son is seperated from his wife and they are talking divorce and have two kids 5yrs. and 2yrs. The reason the seperated was she nevers does anything around the house as cleaning up, cooking, ect. My son comes home from work and has to do it all even the clothes. He has asked her to fined a job to help out, she did for a little while but quit. They separated before and went back for the kids and she said it will be better but it hasn't and that was 2 years ago. He has had all he can take. Now she stays on the computer and sleeps all day and he has to get his son up for school and himself ready for work while is still sleep. Now he wants out. He lives in Louisiana and what is the law on alamony. He knows and is going to pay his childsuport. He loves his kids. Does he have a chance to get costody of his kids. He doesn't make much a month @1100.00 so he money is limited. And how much is the percentage for childsuport Any help will be greatly appreciated.
1 Answer from Attorneys
He will owe temporary spousal support for up to 18 months. It depends on her need. He will also owe child support. If she did not work during the marriage, the court will not take her income into consideration until the children are both 5 years old. Child support is based on a formula and income charts created by the Legislature. Louisiana Revised Statutes 315.2 states that in order to calculate support payments, the court must base its decision first on a basic support obligation. It is based on each parent's percentage of their two combined gross incomes. For example, if one spouse earns $40,000 and the other $60,000, the basic obligation is 40 percent and 60 percent, respectively. Once this basic amount is determined, child support costs--such as health care--and deductions--such as a child's income--are factored into the support calculation. The remaining amount is the total support obligation. Each party determines his or her share of this by multiplying the basic obligation percentage by the total support obligation determined by the court. For instance, if the court determines that the child needs $10,000 a year in support, the spouses in the example would be responsible for $4,000 and $6,000 per year, respectively. There is an actual chart which is accessile from the Louisiana Legislature's website where you can access all of the statutes. La. R.S. 9: 315.14 is the article containing the schedule. With two children and the only income being 1100.00, the basic support obligation is $335.00.