Betsy A. Fischer & Associates, LLC 2026-11-12T10:14:59Z https://www.louisianafamilylaw.net/feed/atom/ WordPress /wp-content/uploads/sites/1104394/2025/06/cropped-BetsyAFischer-fav-icon-32x32.png On Behalf of Betsy A. Fischer & Associates, LLC <![CDATA[How to modify custody and support in New Orleans after divorce]]> https://www.louisianafamilylaw.net/?p=47602 2026-10-21T12:58:49Z 2026-10-27T10:18:45Z how custody impacts child support in a divorce, as well as on handling shared custody agreements and financial obligations. In this blog post, we look at what to do when your post-divorce reality shifts and your court order needs to match your new normal.

Common triggers for post-divorce modifications

Life looks different years after a split. Here are the primary reasons parents return to court to adjust an established decree:
  • A major job shift, career change or work schedule adjustment
  • Relocation beyond 75 miles, which requires formal advance written notice
  • Growing educational, medical, specialized therapy or athletic commitments for your child
  • Safety concerns, substance abuse issues or major dynamic changes in either home
To revise a custody order in Louisiana, you must prove a material change in circumstances. These changes should have an impact on the child’s welfare. If a judge decided your original plan after a trial, you face an even higher standard. In those cases, you must show that the current arrangement directly harms the child, or that the benefits of a shift clearly outweigh the disruption.

Shifted parenting time means updated child support

Physical custody and monthly payments are tied directly to each other. When overnight visits shift significantly, child support calculations must follow. Louisiana uses a standard formula based on combined parental income and the exact percentage of time a child spends in each household. If one parent takes on more overnights or experiences a major pay change, the legal math changes too.

Protecting your rights and finances

Modifying an existing court order takes clear evidence and correct timing. Relying on casual, verbal agreements might feel easier, but without an amended court order, you risk retroactive back-pay claims or sudden disputes if your relationship with your ex deteriorates. To make a lasting change stick, you must present concrete evidence that meets Louisiana’s strict evidentiary standards. Partnering with an experienced Metairie family law attorney protects your position from day one. Your lawyer will document your claim properly, navigate local court filings and safeguard both your parental rights and your financial future.]]> On Behalf of Betsy A. Fischer & Associates, LLC <![CDATA[Navigating shared custody agreements and financial obligations]]> https://www.louisianafamilylaw.net/?p=47595 2026-10-20T19:07:54Z 2026-10-20T14:45:38Z If you are co-parenting in Louisiana after a separation, you likely know that custody and child support are major duties. However, moving from one home to two homes can be hard. It is often one of the most complex parts of a Louisiana divorce. This post is part two of a three-part series on divorce, custody and child support. The previous post was on on how custody impacts child support.  In this one, you find out how shared custody in the New Orleans area can affect both your timeline and your costs.

Presumption of joint custody

Louisiana law often starts with the idea that joint custody is in a child’s best interest. That does not always mean a true 50/50 schedule. Still, it usually means both parents should stay involved in a real and steady way. A parenting plan should clearly cover:
  • Physical custody (where the child lives and when)
  • Legal custody (how major decisions are made)
  • Transportation and exchanges
  • Other day-to-day duties
How you split physical custody can affect both how long your case takes and how child support works.

How custody sharing affects child support

Louisiana's child support formula accounts for shared custody arrangements. The more overnight visits you have with your child, the more it potentially reduces your support obligation, or increases what you receive. Louisiana utilizes a dedicated shared custody calculation (Worksheet B) when parents share approximately equal physical custody time. Those juggling demanding careers (such as Metairie and New Orleans professionals) need to carefully plan their parenting schedules. Your custody arrangement must work around shift schedules, court appearances and business travel while prioritizing your child's stability.

High-income considerations

Additionally, other factors can affect custody and financial obligations. If you or your co-parent earn above Louisiana's guideline thresholds ($30,000 per month), standard calculations may not apply. High-earning professionals in New Orleans often require customized support arrangements.  They must account for private school tuition, travel expenses or specialized tutoring. Consequently, courts have discretion in these cases, considering your child's actual needs and both parents' ability to contribute.

Planning for co-parenting

Finally, child support is not designed to punish either parent. The goal is maintaining your child's standard of living across both households. Additionally, it helps both parents seek a middle ground in covering your child’s necessities. Successfully navigating shared custody and support obligations requires understanding how these two affect each other. Should you wish to explore your legal options in child custody and support, consider seeking out a legal professional experienced in Louisiana family law. ]]> On Behalf of Betsy A. Fischer & Associates, LLC <![CDATA[Preparing for divorce: How does custody impact child support?]]> https://www.louisianafamilylaw.net/?p=47598 2026-10-20T19:03:53Z 2026-10-10T13:08:33Z The role of parenting time in support A Louisiana judge combines both parents’ adjusted gross monthly incomes, finds the basic obligation on the state schedule and divides it in proportion to what each earns. When the children live mainly with one parent, the other generally pays support to that parent. With roughly equal parenting time, the judge applies a different formula, and the higher earner may still owe support. Because two homes cost more than one, the court raises the basic obligation by half and splits the result according to each parent’s income share. It then multiplies each amount by the percentage of time the children spend with the other parent, accounts for certain expenses and credits and orders whoever owes more to pay the difference.

The impact of extra expenses and higher incomes

The basic obligation covers everyday needs such as housing and food, but certain costs can raise the total. Parents can agree to include these costs, or a judge can add them to the order. Private school tuition and required fees may qualify when the school meets your child’s needs. When the parents’ combined adjusted gross monthly income exceeds the top of the state schedule, the judge has more discretion to set the basic amount. The court weighs your children’s best interests and each parent’s circumstances, but the obligation cannot fall below the highest scheduled figure.

The value of early preparation

You can seek temporary custody and support while gathering tax returns, pay records and expense receipts. In Orleans Parish, you must file a sworn family law affidavit with these requests. If either parent seeks joint custody, each must submit a proposed custody plan to chambers five days before the hearing. A New Orleans family law attorney can present evidence about your children’s routines when the judge considers temporary orders.]]> On Behalf of Betsy A. Fischer & Associates, LLC <![CDATA[Adult interdiction steps for aging parents in Metairie and New Orleans]]> https://www.louisianafamilylaw.net/?p=47585 2026-09-30T22:11:54Z 2026-10-05T15:06:06Z Watching a parent struggle with money, safety or memory can leave you unsure where to turn. Louisiana offers a court process called interdiction for adults who can no longer protect themselves. This article walks through the steps families in Metairie and New Orleans may face.

What interdiction means in Louisiana

Interdiction is similar to guardianship or conservatorship in other states. Louisiana Civ. Code article 389 allows full interdiction if an infirmity keeps an adult from making reasoned decisions. The court also asks whether less restrictive tools, such as a power of attorney, could protect your parent. La. Civ. Code art. 390 gives courts a narrower path called limited interdiction. It could restrict only one area of your parent's life, such as finances. Judges may favor the least restrictive option that still protects your parent. Because interdiction limits civil rights, you must show incapacity by clear and convincing evidence. 

Steps for Jefferson and Orleans parishes

The process moves from medical proof to ongoing court oversight. Families in both parishes generally follow these steps: 
  • Physician's certificate: A doctor or psychologist documents your parent's infirmity.
  • Petition: You file in the 24th Judicial District Court for Jefferson Parish or Civil District Court for Orleans Parish.
  • Service: A sheriff may personally serve your parent, and close family may receive copies.
  • Counsel and examiner: The court may appoint an attorney and an independent medical examiner.
  • Hearing: A judge, not a jury, reviews the medical records and testimony.
  • Judgment: The judge may name a curator and an undercurator.
Local timing and forms can differ, so the clerk's office can confirm current requirements.

What happens after the judgment

The curator becomes the main decision-maker. That role may include housing, medical consent and finances. The undercurator monitors the curator and reports concerns to the court. The curator should also file an inventory of assets. Annual accountings must document how money was spent.

Protecting your parent and your family

Interdiction moves from a physician's certificate to a petition, a hearing and ongoing court reports. Louisiana designed these steps to protect vulnerable adults while limiting lost rights. Knowing them can help you prepare for a stressful season with fewer surprises. You can also read about related family court issues before you decide. If your situation becomes more complicated, an attorney can help you understand your options.]]> On Behalf of Betsy A. Fischer & Associates, LLC <![CDATA[How do courts set spousal support in covenant marriage divorces?]]> https://www.louisianafamilylaw.net/?p=47583 2026-10-28T20:50:38Z 2026-09-30T14:37:12Z Judges balance financial need against the ability to pay For interim support during and after the proceedings, judges weigh your needs, your spouse's ability to pay, child support duties and your shared marital lifestyle. That assistance generally ends 180 days after the divorce judgment, although a judge may extend it for good cause.

Courts consider marital fault for final support

For final periodic support, you generally need to prove financial need and show you were free from marital fault before the divorce filing. Serious misconduct that helped cause the breakup, such as adultery, can bar an award. If a judge finds that your spouse abused you or either spouse's child, the law presumes you qualify for an award.

Judges weigh living expenses and earning capacity

Judges compare your living costs with income and assets you can use, while considering your spouse's debts and support duties. Under the final support factors, they also weigh age, health, marriage length, tax effects and the time needed for education or training. Child custody duties often matter because caring for a child can limit the work you can do and what you could earn. 

Courts set payment amounts and duration within legal limits

The usual cap for final periodic support is one-third of the paying spouse's net income. Domestic abuse findings may allow a larger award or a lump sum. Judges can also decide how long the obligation lasts, so final support does not always mean lifelong payments.

Divorce filing requirements for covenant and traditional marriages

Covenant marriages follow separate divorce requirements. You need to establish a permitted ground, such as two years of continuous separation without reconciliation. Counseling generally forms part of the process, with an exception for physical or sexual abuse. For traditional marriages, Article 102 permits no-fault filing before the required separation ends. Its waiting period also runs from service or waiver. Article 103(1) allows filing after 180 days apart without minor children or 365 days with them.

How you can prepare for the financial transition

Gather pay stubs, bills and a timeline before discussing your case. These materials can clarify the issues that need attention. Addressing those concerns often requires careful records and timely filings. A local attorney may coordinate these tasks and explain what to expect, helping streamline the process and reduce stress during marital dissolution.]]> On Behalf of Betsy A. Fischer & Associates, LLC <![CDATA[How post-divorce modifications work in Louisiana]]> https://www.louisianafamilylaw.net/?p=47576 2026-07-29T09:13:35Z 2026-07-29T09:13:35Z Following the legal standard In Louisiana, a court will not change an existing order simply because one party expresses dissatisfaction with it. To successfully petition for a change, you must demonstrate a material change in circumstances. The change must be major and related to the order. It must have also happened after the issue of the original decree. Small or temporary shifts usually do not meet this standard. A judge typically looks for a major change that makes the current order unfair or no longer in the child’s best interest.

Common triggers for modification

Several significant life changes can justify a legal modification under Louisiana law. Courts recognize that current orders may need updating when the following circumstances occur:
  • Financial shifts: A job loss, promotion or inheritance may justify changing support payments.
  • Child’s evolving needs: Increased school, medical or activity needs as the child grows may require updating custody arrangements.
  • Relocation plans: A move for work or family reasons may warrant revising visitation or custody terms.
Regardless of the life change, it is important for parents to address post-divorce modifications through the legal system rather than relying on informal agreements. Taking the proper steps can help protect your rights, prioritize the child’s well-being and avoid future disputes.

The risk of informal agreements

One of the most common mistakes ex-spouses make is relying on handshake deals or verbal agreements, which are not legally binding. In the eyes of the court, the original written order remains in full effect. If the relationship sours, the receiving spouse could technically sue for unpaid amounts or noncompliance with the parenting plan. The court will also likely enforce the current order terms. To protect yourself, any change to support or custody must be submitted to the court, signed by a judge and filed as a formal modification.

Protecting your family through life’s changes

If you are experiencing a significant life change, it is vital to move quickly to formalize a modification. Furthermore, these shifts often signal a need to review your current estate plan,  including updating your will. A lawyer can help ensure that your legal obligations and future legacy accurately reflect your current reality while safeguarding the best interests of your family.]]> On Behalf of Betsy A. Fischer & Associates, LLC <![CDATA[Military divorce and pension division in Louisiana: what you need to know]]> https://www.louisianafamilylaw.net/?p=47574 2026-06-23T17:36:34Z 2026-06-23T17:36:34Z community property state, meaning marital assets belong equally to both spouses. Dividing a military pension, however, requires harmonizing that state framework with the federal Uniformed Services Former Spouses' Protection Act (USFSPA).

Calculating the community share: the Sims formula

To identify the community portion of a military pension, Louisiana courts apply the Sims formula, which calculates the non-military spouse's share as follows:
  • (Months of marriage overlapping with military service / Total months of creditable military service) x 50%
This calculation establishes the community share of the pension based on the time the couple was married while the service member was actively earning retirement credit.

The frozen benefit rule

Federal law significantly affects how this formula is applied. Under the frozen benefit rule, a state court cannot base the former spouse's share on the service member's final rank or pay grade at the time of actual retirement. Instead, the calculation must use the service member's rank and completed years of service at the time the divorce is finalized. This intersects directly with Louisiana law, which terminates the community property regime retroactively as of the date the petition for divorce is filed. The pension value must be legally fixed using the service member's status on that filing date. Failure to structure the order around this baseline will result in rejection by the Defense Finance and Accounting Service (DFAS), the federal agency responsible for distributing military retirement payments.

Federal collection rules and benefit eligibility

For DFAS to pay the former spouse directly each month, the marriage must satisfy the 10/10 Rule: at least 10 years of marriage overlapping with 10 years of creditable military service. When the marriage falls short of this threshold, the pension award may still be valid, but the final judgment must require the retiree to transfer the former spouse's share manually each month. Non-monetary benefits such as TRICARE health coverage follow separate federal timelines:
  • The 20/20/20 rule: A 20-year marriage, 20 years of service, and a 20-year overlap entitles the former spouse to lifetime TRICARE coverage and base exchange privileges.
  • The 20/20/15 rule: When the overlap is at least 15 but fewer than 20 years, the former spouse receives transitional TRICARE coverage for one year following the divorce.
These thresholds are fixed by federal law and cannot be modified by a state court order, regardless of the parties' agreement. Working with an experienced Louisiana family law attorney who understands both state community property principles and the federal framework governing military benefits gives both spouses the best opportunity to reach a legally sound and financially accurate resolution.  ]]> On Behalf of Betsy A. Fischer & Associates, LLC <![CDATA[4 things to know about Louisiana’s parent relocation laws]]> https://www.louisianafamilylaw.net/?p=47567 2026-06-18T20:38:20Z 2026-06-18T18:02:26Z your custody rights at risk.

The definition of relocation under Louisiana law

Generally, Louisiana defines relocation as moving your child's primary residence for 60 days or more. In particular, it covers any move out of Louisiana, or any move within the state that places your child more than 75 miles from their current home or the other parent's residence. This applies to domiciliary parents – the parent that the child primarily lives with and handles day-to-day decisions – in sole custody arrangements and parents in joint custody situations.

Mandatory notice requirements

If you are the one relocating, you must provide written notice to your co-parent at least 60 days before your planned move. It must include:
  • Your new address and contact details
  • The exact relocation date
  • Clear reasons for the move
  • A proposed new visitation schedule for the other parent
You must send this notice by certified mail or commercial courier. You also have a continuing legal duty to update this information as it becomes available. Failing to provide proper notice can result in court orders requiring your child's return and payment of the other parent's legal expenses.

How non-relocating parents can object to the move

If you are the non-relocating parent, you have 30 days after receiving the notice to object in writing, also sent through certified mail. If you object, your co-parent cannot move with your child until a court decides the matter in a hearing. Without an objection, they may proceed with the relocation as planned. Take note that if you share equal physical custody, you do not even have to file an objection. Under state law, your co-parent cannot move the child at all without either your express written consent or prior court approval.

Factors that judges look at in relocation cases

In a contested relocation, courts will examine various factors, including but not limited to:
  • Your child's relationship with both parents
  • The impact of the move on their education and development
  • Whether meaningful contact with the other parent can continue after the move
  • Your child's own preferences, if they are old enough to express them.
The move must serve your child's best interests and stem from good faith reasons. If you are the relocating parent, the burden of proving this will fall on you.

Arm yourself with knowledge

Whether you are planning to relocate or opposing a move, understanding Louisiana's legal requirements puts you in control of the process. Document your reasons and gather the evidence necessary to support them. More importantly, remember that you do not have to face this alone. Professional legal counsel is available when you need it.]]> On Behalf of Betsy A. Fischer & Associates, LLC <![CDATA[Does the law protect Metairie grandparents’ rights after divorce?]]> https://www.louisianafamilylaw.net/?p=47565 2026-06-18T20:38:03Z 2026-06-16T21:05:55Z Grandparents sometimes have visitation rights Grandparents do not automatically have the right to visitation, but they can petition the courts in qualifying circumstances. Generally speaking, the scenario must meet two key requirements for a judge to order grandparent visitation. First, there must be a disruption to the primary family unit. The divorce of a grandchild's parents is a scenario in which grandparents can request formal visitation rights. The death of either parent, the incarceration of a parent and even the unofficial separation of parents who begin living apart from one another can also warrant a request for formal grandparent visitation. The second requirement is that a judge agrees that the order of grandparent visitation is in the child's best interest. Grandparents must show that a disruption in their relationship with the grandchild could cause harm. Evidence of a pre-existing relationship is important for those trying to establish a grandparent visitation order. After learning about the family’s circumstances, the courts must agree that refusing the grandparent’s visitation request would hurt the child. The process of pursuing grandparent visitation can take months and family court, but it may lead to a court order reinforcing family connections. Judges do consider parental rights in grandparent visitation cases, but what is best for the children is more important than what the parents want. Grandparents hoping to overcome a parent's interference in their relationship with a grandchild often need support from a family law attorney. Sitting down with a lawyer familiar with Louisiana's grandparent visitation rules can help people take appropriate steps to preserve the bond they share with a grandchild.]]> On Behalf of Betsy A. Fischer & Associates, LLC <![CDATA[What happens to gifts and inheritances during Louisiana divorces?]]> https://www.louisianafamilylaw.net/?p=47563 2026-06-18T20:37:01Z 2026-06-09T22:16:55Z Some assets are separate property under the law Louisiana family law statutes recognize that some assets are the separate property of one spouse or the other. Gifts from third parties and inheritances are among the resources often treated as separate property when couples divorce. However, there must be financial records to validate the separate nature of those assets. Spouses may need to divide them or account for their value if they commingled their separate property with the marital estate. Commingling gifts and inherited property with marital property is a relatively common mistake during marriage. People deposit a financial gift into a joint checking account or add a spouse as a co-owner when they inherit real property or a vehicle. The use of marital income to preserve or improve gifts and inherited property can also lead to claims of commingling. Those hoping to protect certain resources during a divorce may need help conducting a thorough analysis of house financial records and validating that the assets remain separate and are therefore exempt from community property division rules. Spouses who keep their inherited property and gifts separate from marital accounts and who retain clear financial records have the best chance of protecting their separate property when they divorce. Validating the separate nature of certain assets can help people establish a foundation for rebuilding after a Louisiana divorce. The support of an attorney is often important in high-asset divorces involving complicating factors, such as valuable separate property that requires an in-depth financial analysis.]]>