Estimate Interim & Final Support Based on Louisiana Civil Code (CC Art. 111, 112, 113, 115) and Case Law
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Applied the 2022 amendments to CC Art. 112: domestic abuse presumption applied retroactively; court held abused spouse entitled to final support exceeding 1/3 cap due to documented protective order.
Clarified that "fault" bar under Art. 111 requires egregious conduct; simple arguments do not disqualify. Also confirmed cohabitation requires proof of financial interdependence.
Upheld modification of support due to payor's retirement at age 66, finding retirement "reasonable" under Art. 115 when coupled with reduced income.
Under CC Art. 112(C) & (D), a history of domestic abuse by the payor creates a legal presumption that the abused spouse is entitled to final support. The court may exceed the 1/3 net income cap and can award support as a lump sum. This is a major change from prior law.
See: Louisiana Civil Code Art. 112 (2022 amendments, effective 2025)
For final spousal support, the monthly amount cannot exceed one-third of the payor's net income unless domestic abuse is present. The cap does not apply to interim support.
CC Art. 112(B) & (D)
Yes. If the spouse seeking final support is at fault (adultery, felony conviction, or abusive behavior that caused breakup), they are barred from final support under Art. 111. However, courts require clear proof of egregious fault.
Interim support ends 180 days after final divorce judgment unless extended by court for good cause (CC Art. 113). It is designed to maintain status quo during proceedings.
Yes. Under Art. 115, a payor's reasonable retirement (usually age 65+) is a substantial change justifying modification or termination. Courts examine health, resources, and type of support.