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I am trying to find case law to support me on this issue. I…

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I am trying to find...
I am trying to find case law to support me on this issue. I have a family law client who the judge was kind enough to grant her spousal support for six months. A community property settlement (which I told her not to rush on but she was in such a hurry) has been done. Well once she got the settlement check, six months later, of course, she is broke. Now she wants me to go back to court for the spousal support. As I have explained to her, she is not going to get more spousal support because they have settled the community property. I need good case law to show her this. Help.
Submitted: 8 years ago.Category: Legal
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Answered in 13 minutes by:
6/23/2010
Lawyer: Law Pro, Attorney replied 8 years ago
Law Pro
Law Pro, Attorney
Category: Legal
Satisfied Customers: 24,870
Experience: 20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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Your an attorney - correct?
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Customer reply replied 8 years ago
Yes I am. Fairly new though. :)
Lawyer: Law Pro, Attorney replied 8 years ago
OK. I remember those days.

In your situation - a marriage settlement agreement CAN be modified by the courts. There is alot of cases stating such. However, it's usually based upon an unforeseen and unpredictable hardship of some kind. That's in addition to the normal routine of fraud or misrepresentation or non-disclosure of all the marital assets.

Alimony in Louisiana can be modified based upon a substantial change in circumstances.

What is her situation other than just blowing through the money - anything in particular?
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Customer reply replied 8 years ago
Short version to a long story....LOL

She was married to a man for 20 years during which her cheated on her and subsequently married the woman. Well, she has had two attorneys (I was young and happy to have clients) prior to me. Well, I went to the judge who granted her spousal support (even though he really did not want to) in the interim. Then she has filed a restraining order against her ex, had him arrested and charge with second degree battery (charges were eventually dismissed), has sued him for personal injury to her body. Anyway, that suit is still pending when she was rushing me to settle the community property. The only thing that she has going for her is the fact that she collects disability because she a lump removed from her breast. This woman has been going to college for over 10 years and keeps dropping her major. She has refused to provide the court information as to any personal damages she has suffered (namely a doctor's report).

Lawyer: Law Pro, Attorney replied 8 years ago
OK, we've all had those types of clients. The only thing I can say is - you can try to get it modified but no guarantees - in fact, little chance of success.

Marriage settlement agreements are in actuality routinely modified if there has been a substantial change is circumstances or suprise hardship occurs, etc.

I would inform her you will try and will prepare a petition for alimony for a longer time BUT you would need paid in advance to do such.

I would take the alternative approach and think about making money in the matter yourself - no guarantees (in fact little likelihood of success) and you want paid in advance.

I'll be honest with you - that's where the money is in practicing family law - charge a fee for a particular service or hourly rate for presentation of the whatever - then it's up to the court to decide the issue.

Maybe I'm getting cynical in my old age I used to try and talk to my clients into what I thought was best for them. Now I will prepare and present most any petition they want - as long as it isn't too idiotic - just so long as I get paid for presenting such before I go and don't have to chase them for the monies.





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Customer reply replied 8 years ago
I like that answer! And I will do! You are awesome!
Lawyer: Law Pro, Attorney replied 8 years ago
Great! Present any petition she wants - no guarantees about anything - the judge will make the decision (you can always bad mouth the judge and that they should have agreed with you - your in a sales job here and also doing what your client is PAYING you to do).

Petitions are easy - I would not consider taking appeals - that's a specialty in itself and I would recommend that she retain other counsel to take any appeals (don't get caught up in that).




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