As I continue to update you on new-coming in Louisiana Family law, I turn this afternoon to Interim Spousal Support. Interim Spousal support typically requires one spouse to pay the other in order to maintain the status quo during their divorce. The status quo typically includes paying rent, utilities, or other essentials while the divorce proceeding lasts, but sometimes the status quo can include activities which the party was accustomed during the marriage.
In a stern statement, a trial court in Louisiana stated the following to a spouse who was seeking interim spousal support:
“The Court cannot understand how an able-bodied man, who is in great shape, and is in the prime of his life does not have a job. A marriage is not meant to be a meal ticket. It seems that all of the financial responsibilities in the marriage have been on the wife. This is untenable.
“Rather than give spousal support, as requested, the Court will give husband some practical advise: get a job.”
In affirming the appeal, the Louisiana 5th Circuit Court of Appeals stated “he also failed to submit proof of his expenses, needs, the record reflected he lived with his father (without charge), and failed to obtain he was unable to obtain work.”Robertson v. Robertson, 10-0926 (La. App 5 Cir. 4/26/11), 64 So.3d 354 (2011).
I have to admit, I feel bad for the husband. It is possible that with the right lawyer, he may have been able to prove his case and prove that he needed support. Obviously, this strict statement by the trial court could have gone the other way–a wife could have been in need, but unable to FIND employment. I guess it’s a sign of a bad economy.
As always, if you or a loved one is seeking legal help, especially in the areas of criminal and family law, please do not hesitate to Contact Me
