Louisiana 2014 2014 Regular Session

Louisiana House Bill HB300 Engrossed / Bill

                    HLS 14RS-946	ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 300
BY REPRESENTATIVE GREENE
FAMILY LAW:  Provides with respect to interim and final spousal support
AN ACT1
To amend and reenact Civil Code Articles 112(B)(2) and 113, relative to spousal support;2
to provide for consideration of an interim allowance or final child support obligation3
in the determination of interim and final spousal support; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Civil Code Articles 112(B)(2) and 113 are hereby amended and reenacted7
to read as follows: 8
Art. 112.  Determination of final periodic support9
*          *          *10
B. The court shall consider all relevant factors in determining the amount11
and duration of final support.  Those factors may include:12
*          *          *13
(2) The financial obligations of the parties, including any interim allowance14
or final child support obligation.15
*          *          *16
Art. 113.  Interim spousal support allowance pending final spousal support award17
Upon motion of a party or when a demand for final spousal support is18
pending, the court may award a party an interim spousal support allowance based on19
the needs of that party, the ability of the other party to pay, 	any interim allowance20 HLS 14RS-946	ENGROSSED
HB NO. 300
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
or final child support obligation, and the standard of living of the parties during the1
marriage, which award of interim spousal support allowance shall terminate upon the2
rendition of a judgment of divorce.  If a claim for final spousal support is pending3
at the time of the rendition of the judgment of divorce, the interim spousal support4
award shall thereafter terminate upon rendition of a judgment awarding or denying5
final spousal support or one hundred eighty days from the rendition of judgment of6
divorce, whichever occurs first. The obligation to pay interim spousal support may7
extend beyond one hundred eighty days from the rendition of judgment of divorce,8
but only for good cause shown.9
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Greene	HB No. 300
Abstract: Provides for consideration of any interim allowance or final child support order
in determining an award for interim or final spousal support.
Present law (C.C. Art. 112) authorizes the court to award final spousal support and provides
certain factors to consider in determining the amount and duration, including financial
obligations of the parties.
Proposed law retains present law and clarifies that financial obligations includes any interim
allowance or final child support obligation.
Present law (C.C. Art. 113) authorizes the court to award interim spousal support when a
demand for final spousal support is pending and provides factors to consider.
Proposed law retains present law and adds any interim allowance or final child support
obligations as factors to consider in awarding interim spousal support.
(Amends C.C. Arts. 112(B)(2) and 113)