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Courts and Community Resources
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Glossary of Family Law Terms
Louisiana Judicial Branch
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State Statutory Resources
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Divorce Law
Art. 103. Judgment of divorce; other grounds
Except in the case of a covenant marriage, a divorce shall be
granted on the petition of a spouse upon proof that:
(1) The spouses have been living separate and apart continuously for a
period of six months or more on the date the petition is filed;
(2) The other spouse has committed adultery; or
(3) The other spouse has committed a felony and has been sentenced to death
or imprisonment at hard labor.
Acts 1990, No. 1009, §2, eff. Jan. 1, 1991;
Acts 1991, No. 918, §1; Acts 1997, No. 1380, §1.
...For further information,
please refer to the Louisiana Civil Code - Chapter 4
Getting a Divorce in Louisiana
Divorce: Who Gets Custody? Who Pays Support?
Divorce and Insurance
Marriage and Living Together Law
Louisiana Marriage License Law
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Child Support
Art. 141. Child support; authority of court
In a proceeding for divorce or thereafter, the court may order either or
both of the parents to provide an interim allowance or final support for a
child based on the needs of the child and the ability of the parents to
provide support.
The court may award an interim allowance only when a demand for final
support is pending.
Acts 1993, No. 261, §6, eff. Jan. 1, 1994.
§315. Economic data and principles; definitions
A. Basic principles. The premise of these guidelines as well as the
provisions of the Civil Code is that child support is a continuous
obligation of both parents, children are entitled to share in the current
income of both parents, and children should not be the economic victims of
divorce or out-of-wedlock birth. The economic data underlying these
guidelines, which adopt the Income Shares Model, and the guideline
calculations attempt to simulate the percentage of parental net income that
is spent on children in intact families incorporating a consideration of the
expenses of the parties, such as federal and state taxes and FICA taxes.
While the legislature acknowledges that the expenditures of two-household
divorced, separated, or non-formed families are different from intact family
households, it is very important that the children of this state not be
forced to live in poverty because of family disruption and that they be
afforded the same opportunities available to children in intact families,
consisting of parents with similar financial means to those of their own
parents.
B. Economic data.
(1) The Incomes Shares approach to child support guidelines incorporates a
numerical schedule of support amounts. The schedule provides economic
estimates of child-rearing expenditures for various income levels and
numbers of children in the household. The schedule is composed of economic
data utilizing a table of national averages adjusted to reflect Louisiana's
status as a low-income state and to incorporate a self-sufficiency reserve
for low-income obligors to form the basic child support obligation.
(2) In intact families, the income of both parents is pooled and spent for
the benefit of all household members, including the children. Each parent's
contribution to the combined income of the family represents his relative
sharing of household expenses. This same income sharing principle is used to
determine how the parents will share a child support award.
C. Definitions. As used in this Part:
(1) "Adjusted gross income" means gross income, minus amounts for
preexisting child support or spousal support obligations paid to another who
is not a party to the proceedings, or on behalf of a child who is not the
subject of the action of the court.
(2) "Combined adjusted gross income" means the combined adjusted gross
income of both parties.
(3) "Gross income" means:
(a) The income from any source, including but not limited to salaries,
wages, commissions, bonuses, dividends, severance pay, pensions, interest,
trust income, recurring monetary gifts, annuities, capital gains, social
security benefits, workers' compensation benefits, unemployment insurance
benefits, disaster unemployment assistance received from the United States
Department of Labor, disability insurance benefits, and spousal support
received from a preexisting spousal support obligation;
(b) Expense reimbursement or in-kind payments received by a parent in the
course of employment, self-employment, or operation of a business, if the
reimbursements or payments are significant and reduce the parent's personal
living expenses. Such payments include but are not limited to a company car,
free housing, or reimbursed meals; and
(c) Gross receipts minus ordinary and necessary expenses required to produce
income, for purposes of income from self-employment, rent, royalties,
proprietorship of a business, or joint ownership or a partnership or closely
held corporation. "Ordinary and necessary expenses" shall not include
amounts allowable by the Internal Revenue Service for the accelerated
component of depreciation expenses or investment tax credits or any other
business expenses determined by the court to be inappropriate for
determining gross income for purposes of calculating child support.
(d) As used herein, "gross income" does not include:
(i) Child support received, or benefits received from public assistance
programs, including Family Independence Temporary Assistance Plan,
supplemental security income, food stamps, and general assistance.
(ii) Per diem allowances which are not subject to federal income taxation
under the provisions of the Internal Revenue Code.
(iii) Extraordinary overtime including but not limited to income attributed
to seasonal work regardless of its percentage of gross income when, in the
court's discretion, the inclusion thereof would be inequitable to a party.
(iv) Any monetary gift to the domiciliary party when the objective of the
gift is to supplement irregular child support payments from the
nondomiciliary party.
(v) Any disaster assistance benefits received from the Federal Emergency
Management Agency through its Individuals and Households Program or from any
other nonprofit organization qualified as a tax-exempt organization under
Section 501(c) of the Internal Revenue Code of 1954, as amended.
(4) "Health insurance premiums" means the actual amount paid by a party for
providing health insurance on behalf of the child. It does not include any
amount paid by an employer or any amounts paid for coverage of any other
persons. If more than one dependent is covered by health insurance which is
paid through a lump-sum dependent-coverage premium, and not all of such
dependents are the subject of the guidelines calculation, the cost of the
coverage shall be prorated among the dependents covered before being applied
to the guidelines.
(5) "Income" means:
(a) Actual gross income of a party, if the party is employed to full
capacity; or
(b) Potential income of a party, if the party is voluntarily unemployed or
underemployed. A party shall not be deemed voluntarily unemployed or
underemployed if he or she is absolutely unemployable or incapable of being
employed, or if the unemployment or underemployment results through no fault
or neglect of the party.
(c) The court may also consider as income the benefits a party derives from
expense-sharing or other sources; however, in determining the benefits of
expense-sharing, the court shall not consider the income of another spouse,
regardless of the legal regime under which the remarriage exists, except to
the extent that such income is used directly to reduce the cost of a party's
actual expenses.
(6) "Net child care costs" means the reasonable costs of child care incurred
by a party due to employment or job search, minus the value of the federal
income tax credit for child care.
(7) "Ordinary medical expenses" means unreimbursed medical expenses less
than or equal to two hundred fifty dollars per child per year. Expenses
include but are not limited to reasonable and necessary costs for
orthodontia, dental treatment, asthma treatment, physical therapy, chronic
health problems, and professional counseling or psychiatric therapy for
diagnosed mental disorders not covered by medical insurance. The schedule of
support in R.S. 9:315.19 incorporates ordinary medical expenses.
Acts 1989, 2nd Ex. Sess., No. 9, §1, eff. Oct. 1, 1989; Acts 1990, No. 117,
§1, eff. June 29, 1990; Acts 1991, No. 854, §1; Acts 1993, No. 95, §1; Acts
1997, No. 1155, §5; Acts 2001, No. 1082, §1; Acts 2003, No. 547, §1; Acts
2004, No. 251, §1; Acts 2005, 1st Ex. Sess., No. 59, §1, eff. Dec. 6, 2005.
...For further information, please
refer to the Louisiana Civil Code - Chapter 4
Frequently Asked Questions About Child Support in Louisiana
Divorce: Who Gets Custody? Who Pays Support?
Support Enforcement Services - FAQs
Louisiana Child
Support Guidelines - from SupportGuidelines.com
Child
Support Explained
Child Custody and Visitation Law
Art. 131. Court to determine
custody
In a proceeding for divorce or thereafter, the court shall award custody of
a child in accordance with the best interest of the child.
Amended by Acts
1888, No. 124; Acts 1979, No. 718, §1; Acts 1981, No. 283, §1; Acts 1982,
No. 307, §1, eff. Jan. 1, 1983; Acts 1983, No. 695, §1; Acts 1984, No. 133,
§1; Acts 1984, No. 786, §1; Acts 1986, No. 950, §1, eff. July 14, 1986; Acts
1989, No. 188, §1; Acts 1993, No. 261, §1, eff. Jan. 1, 1994.
Art. 132. Award of custody to parents
If the parents agree who is to have custody, the court shall award custody
in accordance with their agreement unless the best interest of the child
requires a different award.
In the absence of agreement, or if the agreement is not in the best interest
of the child, the court shall award custody to the parents jointly; however,
if custody in one parent is shown by clear and convincing evidence to serve
the best interest of the child, the court shall award custody to that
parent.
Acts 1992, No. 782, §1; Acts 1993, No. 261, §1, eff. Jan. 1, 1994.
Art. 134. Factors in determining child's best interest
The court shall consider all relevant factors in determining the best
interest of the child. Such factors may include:
(1) The love, affection, and other emotional ties between each party and the
child.
(2) The capacity and disposition of each party to give the child love,
affection, and spiritual guidance and to continue the education and rearing
of the child.
(3) The capacity and disposition of each party to provide the child with
food, clothing, medical care, and other material needs.
(4) The length of time the child has lived in a stable, adequate
environment, and the desirability of maintaining continuity of that
environment.
(5) The permanence, as a family unit, of the existing or proposed custodial
home or homes.
(6) The moral fitness of each party, insofar as it affects the welfare of
the child.
(7) The mental and physical health of each party.
(8) The home, school, and community history of the child.
(9) The reasonable preference of the child, if the court deems the child to
be of sufficient age to express a preference.
(10) The willingness and ability of each party to facilitate and encourage a
close and continuing relationship between the child and the other party.
(11) The distance between the respective residences of the parties.
(12) The responsibility for the care and rearing of the child previously
exercised by each party.
Acts 1988, No. 817, §2, eff. July 18, 1988; Acts 1990, No. 361, §1, eff.
Jan. 1, 1991; Acts 1993, No. 261, §1, eff. Jan. 1, 1994.
Art. 136. Award of visitation rights
A. A parent not granted custody or joint custody of a child is entitled to
reasonable visitation rights unless the court finds, after a hearing, that
visitation would not be in the best interest of the child.
B. Under extraordinary circumstances, a relative, by blood or affinity, or a
former stepparent or stepgrandparent, not granted custody of the child may
be granted reasonable visitation rights if the court finds that it is in the
best interest of the child. In determining the best interest of the child,
the court shall consider:
(1) The length and quality of the prior relationship between the child and
the relative.
(2) Whether the child is in need of guidance, enlightenment, or tutelage
which can best be provided by the relative.
(3) The preference of the child if he is determined to be of sufficient
maturity to express a preference.
(4) The willingness of the relative to encourage a close relationship
between the child and his parent or parents.
(5) The mental and physical health of the child and the relative.
C. In the event of a conflict between this Article and R.S. 9:344 or 345,
the provisions of the statute shall supersede those of this Article.
Acts 1993, No. 261, §1, eff. Jan. 1, 1994; Acts 1995, No. 57, §1.
...For further information, please
refer to the Louisiana Civil Code - Chapter 4
Deciding Factors in Awarding Child
Custody
Divorce: Who Gets Custody? Who Pays Support?
Non-Parental Visitation in Louisiana
Custody and Visitation Rights for Grandparents in Louisiana
Louisiana Grandparents Raising Grandchildren Resource Guide
Raising Grandchildren in Louisiana
FAQ on Child
Custody and Visitation
Child Custody
Resources
Property Division
Art. 2338. Community property.
The community property comprises: property acquired during the existence of
the legal regime through the effort, skill, or industry of either spouse;
property acquired with community things or with community and separate
things, unless classified as separate property under Article 2341; property
donated to the spouses jointly; natural and civil fruits of community
property; damages awarded for loss or injury to a thing belonging to the
community; and all other property not classified by law as separate
property.
Acts 1979, No.
709, §1.
Art. 2341. Separate property.
The separate property of a spouse is his exclusively. It comprises: property
acquired by a spouse prior to the establishment of a community property
regime; property acquired by a spouse with separate things or with separate
and community things when the value of the community things is
inconsequential in comparison with the value of the separate things used;
property acquired by a spouse by inheritance or donation to him
individually; damages awarded to a spouse in an action for breach of
contract against the other spouse or for the loss sustained as a result of
fraud or bad faith in the management of community property by the other
spouse; damages or other indemnity awarded to a spouse in connection with
the management of his separate property; and things acquired by a spouse as
a result of a voluntary partition of the community during the existence of a
community property regime.
Acts 1979, No. 709, §1; Amended by Acts 1981, No. 921, §1.
Art. 2341.1. Acquisition of undivided interests; separate and
community property
A. A spouse's undivided interest in property otherwise classified as
separate property under Article 2341 remains his separate property
regardless of the acquisition of other undivided interests in the property
during the existence of the legal regime, the source of improvements
thereto, or by whom the property was managed, used, or enjoyed.
B. In property in which an undivided interest is held as community property
and an undivided interest is held as separate property, each spouse owns a
present undivided one-half interest in that portion of the undivided
interest which is community and a spouse owns a present undivided interest
in that portion of the undivided interest which is separate.
Acts 1991, No. 329, §2.
Art. 2342. Declaration of acquisition of separate property
A. A declaration in an act of acquisition that things are acquired with
separate funds as the separate property of a spouse may be controverted by
the other spouse unless he concurred in the act. It may also be controverted
by the forced heirs and the creditors of the spouses, despite the
concurrence by the other spouse.
B. Nevertheless, when there has been such a declaration, an alienation,
encumbrance, or lease of the thing by onerous title, during the community
regime or thereafter, may not be set aside on the ground of the falsity of
the declaration.
C.(1) The provision of this Article that prohibits setting aside an
alienation, encumbrance, or lease on the ground of the falsity of the
declaration of separate property is hereby made retroactive to any such
alienation, encumbrance, or lease prior to July 21, 1982.
(2) A person who has a right to set aside such transactions on the ground of
the falsity of the declaration, which right is not prescribed or otherwise
extinguished or barred upon July 21, 1982, and who is adversely affected by
the provisions of this Article, shall have six months from July 21, 1982, to
initiate proceedings to set aside such transactions or otherwise be forever
barred from exercising such right or cause of action. Nothing contained in
this Article shall be construed to limit or prescribe any action or
proceeding which may arise between spouses under the provisions of this
Article.
Acts 1979, No. 709, §1. Amended by Acts 1980, No. 565, §3; Acts 1982, No.
453, §1; Acts 1995, No. 433, §1.
...For further information, please
refer to the Louisiana Civil Code - Chapter 4
Community Property: What is mine? What is yours? What is ours?
Divorce: Who Gets Custody? Who Pays Support?
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