Louisiana
Louisiana Spousal Support (Alimony) Laws: Interim and Final Support (2026)
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. How we verify our legal content
Louisiana uses two types of spousal support: interim support while the divorce is pending, and final periodic support available only to a spouse who was not at fault in the breakdown of the marriage. Final support is capped at one-third of the paying spouse's net income.
Information last verified on June 1, 2026.
Estimate your situation: Try our free Louisiana alimony calculator to estimate spousal support and see the factors a Louisiana court weighs.
What Is Spousal Support in Louisiana?
Louisiana does not use the word "alimony" in its statutes. The Civil Code uses the term "spousal support," which encompasses two different obligations: interim spousal support and final periodic support. Both are governed by Title V of the Louisiana Civil Code, specifically articles 111 through 117.
Article 111 grants the court authority to award either type of support during or after a divorce proceeding. The article states that final periodic support is available only to a party "who is in need of support and who is free from fault prior to the filing of a proceeding to terminate the marriage." That fault requirement is the most significant feature distinguishing Louisiana's system from many other states.
Louisiana is a civil-law state, meaning its private law derives from the French and Spanish civil-law tradition rather than English common law. Spousal support in Louisiana therefore operates under a codified framework rather than a body of judge-made precedent. Courts apply the articles as written, with discretion on the amount and duration of support rather than on whether the framework applies.
Interim Spousal Support and the 180-Day Rule
Interim spousal support is available to either spouse while the divorce case is pending. Under article 113, a court may award interim support upon motion of a party, based on four considerations: the needs of the requesting party, the other party's ability to pay, any interim or final child support obligation already in place, and the standard of living the parties maintained during the marriage.
The fault standard that applies to final support does not apply to interim support. Either spouse may request interim support regardless of who caused the breakdown of the marriage. The purpose of interim support is to maintain financial stability while the divorce proceeds, not to address fault.
The 180-day rule is the critical time limit. Article 113 states that an award of interim spousal support "shall terminate one hundred eighty days from the rendition of a judgment of divorce." The 180-day period begins when the judgment of divorce is rendered, not when the divorce petition is filed or when the parties separated.
A court may extend interim support beyond 180 days, but only if the requesting party shows good cause. Good cause is not defined in the statute; courts have treated serious illness, sudden job loss, or delays in transitioning to final support proceedings as sufficient grounds.
Article 113 also provides an important sequencing rule: "An obligation to pay final periodic support shall not begin until an interim spousal support award has terminated." A recipient cannot collect both at the same time. Final support replaces interim support; it does not supplement it.
Final Periodic Support: The Fault Requirement and the One-Third Cap
Final periodic support is governed primarily by article 112. Two threshold conditions must both be satisfied before a court may award final support.
First, the claimant must have been free from fault prior to the filing of the divorce proceeding. Louisiana courts have interpreted "fault" to include conduct such as adultery, abandonment, and physical or mental cruelty. The claimant bears the burden of establishing that he or she was not at fault. If the court finds the claimant was at fault, no final support is awarded regardless of financial need.
Second, the claimant must be in need of support. Need is assessed by comparing the claimant's income and means to his or her financial obligations and reasonable living expenses, taking into account the standard of living during the marriage.
When both conditions are met, article 112(D) places a firm cap on the award: "The sum awarded under this Article shall not exceed one-third of the obligor's net income." Net income refers to the obligor's income after mandatory deductions such as taxes and Social Security, not gross income.
There are two exceptions to the one-third cap. First, when a divorce is granted under article 103(4) or (5), which cover physical or sexual abuse of the spouse seeking divorce (or a child of one of the spouses) during the marriage, and the issuance of a protective order or injunction against the other spouse to prevent such abuse, the cap does not apply. Second, when a court determines that the claimant spouse or a child of one of the spouses was the victim of domestic abuse committed by the other spouse during the marriage, the cap does not apply and the court may award a lump sum rather than periodic payments. Article 112(C) also creates a presumption that the claimant is entitled to final support, shifting the burden to the obligor, when the divorce was granted on adultery grounds (article 103(2)), felony-conviction grounds (article 103(3)), or abuse-related grounds (article 103(4) or (5)), or when the court determines that the claimant or a child of one of the spouses was a victim of domestic abuse committed by the other spouse.
How Louisiana Courts Decide Final Support: The Article 112 Factors
Article 112(B) lists nine factors the court must consider when determining the amount and duration of final periodic support. Courts are directed to consider "all relevant factors," meaning the list is not exhaustive, but these nine form the required framework:
- The income and means of the parties, including the liquidity of those means.
- The financial obligations of the parties, including any interim allowance or final child support obligation.
- The earning capacity of the parties.
- The effect of custody of children upon a party's earning capacity.
- The time necessary for the claimant to acquire appropriate education, training, or employment.
- The health and age of the parties.
- The duration of the marriage.
- The tax consequences to either or both parties.
- The existence, effect, and duration of any act of domestic abuse committed by the other spouse upon the claimant or a child of one of the spouses, regardless of whether the other spouse was prosecuted for the act.
No single factor is controlling. A court might award a smaller amount for a short marriage with healthy, employed spouses while awarding a larger amount closer to the one-third cap for a long marriage where the recipient sacrificed career advancement to manage the household or raise children.
The duration of support is also within the court's discretion. Louisiana does not set a statutory formula linking support duration to marriage length the way some states do. Courts may award support for a defined term (to allow the recipient time to become self-supporting) or without a fixed end date, subject to modification later.
When Support Ends or Changes
Article 115 lists the events that automatically extinguish either type of spousal support:
- The recipient spouse remarries.
- Either party dies.
- A court issues a judicial determination that the recipient has cohabited with another person of either sex in the manner of married persons.
Remarriage and death operate automatically; no court motion is required. Cohabitation, by contrast, requires a judicial determination. The paying spouse must file a motion and prove to the court that the recipient is living with a new partner in a marriage-like arrangement. Mere dating or a new partner spending nights at the recipient's home may not meet the standard without evidence of a shared household, shared finances, or a commitment resembling marriage.
The paying spouse's own remarriage is explicitly not a change of circumstance. Article 114 states that "the subsequent remarriage of the obligor spouse shall not constitute a change of circumstance," so an obligor who remarries cannot seek to reduce or terminate support on that basis alone.
Two different articles govern changes to an award that is already in place, and they do different work. Article 114 supplies the standard: an award of interim spousal support or final periodic support "may be modified if the circumstances of either party materially change and shall be terminated if it has become unnecessary." A change in either party's financial circumstances, such as the obligor losing a job, the recipient obtaining well-paid employment, or a serious change in health, can support a motion to modify the amount.
Article 116 supplies the mechanism rather than the grounds. It provides that the obligation of final spousal support may be modified, waived, or extinguished by judgment of a court of competent jurisdiction, or by an authentic act or an act under private signature duly acknowledged by the recipient. That second route is what lets the parties change or give up support by agreement instead of by litigation.
There is also a deadline for claiming final support in the first place, and it catches people who divorce without asking for support and reconsider later. Under article 117, the right to claim spousal support after divorce is subject to a peremption of three years. Peremption runs from the latest of three events: the day the judgment of divorce is signed; the day a judgment terminating a previous judgment of spousal support is signed, if that previous judgment was signed in an action commenced before the divorce judgment or within three years after it; or the day of the last payment, where the obligation was initially performed by voluntary payment within those periods and no more than three years elapsed between payments. Once the three years run, the right to claim support is gone. If you divorced without asking for support, get a free case evaluation from a Louisiana family lawyer on filing your claim before that three-year peremption runs (attorney advertising).
Is Spousal Support Taxable, and How It Differs from Louisiana Child Support
Federal tax treatment. For divorce or separation agreements executed on or after January 1, 2019, federal law changed how spousal support is taxed. Under the Tax Cuts and Jobs Act of 2017, spousal support payments made under post-2018 agreements are no longer deductible by the paying spouse and are not includable in the gross income of the receiving spouse. For agreements executed before January 1, 2019, and not subsequently modified to apply the new rules, the old rules continue to apply: the payer may deduct payments and the recipient must include them as taxable income. If you have a pre-2019 agreement, verify with a tax professional whether a modification has reset the applicable rules.
Child support is different. Child support in Louisiana is governed by the child support guidelines at La. R.S. 9:315 and following, which adopt an income shares model. La. R.S. 9:315.2(C) and (D) direct the parties to combine their adjusted gross incomes, meaning gross income less the adjustments the guidelines allow, and direct the court to read the basic child support obligation off the schedule in La. R.S. 9:315.19 using that combined adjusted figure. Child support is never deductible by the payer or taxable to the recipient, regardless of when the agreement was made. Spousal support and child support are calculated and treated separately; a child support obligation is, however, one of the factors courts consider when setting the spousal support amount under article 112(B).
For more detail on how Louisiana calculates child support, see our guide to Louisiana child support laws.
For a full 50-state comparison, visit our Alimony laws by state hub.
Legal disclaimer: This page provides general legal information about Louisiana spousal support law and is not legal advice. Spousal support determinations are fact-specific and depend on the circumstances of each case. Consult a licensed Louisiana family law attorney for guidance on your situation.
Last updated: June 1, 2026.
More Louisiana Laws
- Louisiana Child Custody Laws
- Louisiana Child Support Laws
- Louisiana Common Law Marriage Laws
- Louisiana Divorce Laws
Frequently Asked Questions
Does Louisiana call it alimony or spousal support?
Louisiana law uses the term 'spousal support,' not alimony. The Louisiana Civil Code governs spousal support in articles 111 through 117. Both interim support and final periodic support fall under this framework.
Can a spouse who cheated receive spousal support in Louisiana?
No. Louisiana Civil Code article 111 limits final periodic support to a spouse who was free from fault prior to filing for divorce. Courts have consistently treated adultery as fault that bars a claim for final support. A spouse found at fault may still receive interim support while the divorce is pending, but cannot obtain final support after the judgment.
How long does spousal support last in Louisiana?
Interim support ends 180 days after the judgment of divorce unless extended for good cause. Final periodic support lasts for whatever term the court sets, which may be a defined period or open-ended. It terminates automatically when the recipient remarries, either party dies, or the recipient is judicially found to be cohabiting in the manner of married persons.
What is the maximum spousal support a Louisiana court can award?
Under article 112(D), final periodic support cannot exceed one-third of the obligor's net income. Exceptions exist for domestic abuse victims and for certain fault-based divorce grounds (La. Civ. Code art. 103(4) and (5)), in which cases the cap does not apply and a lump sum may be awarded.
Does the paying spouse's remarriage end spousal support in Louisiana?
No. Louisiana Civil Code article 114 states that the subsequent remarriage of the obligor spouse does not constitute a change of circumstance, so it is not a basis for modifying or terminating support. Only the recipient's remarriage, either party's death, or a judicial finding of the recipient's cohabitation will automatically end the support obligation.
Can spousal support be modified in Louisiana?
Yes. Under article 114, an award of interim or final periodic support may be modified if the circumstances of either party materially change, and must be terminated if it has become unnecessary. Article 116 supplies the routes for making the change: a judgment of a court of competent jurisdiction, or an authentic act or an act under private signature duly acknowledged by the recipient.
Is there a deadline to ask for spousal support after a Louisiana divorce?
Yes. Under article 117, the right to claim spousal support after divorce is subject to a peremption of three years, running from the latest of the day the divorce judgment is signed, the day a judgment terminating a previous support judgment is signed in a qualifying action, or the day of the last voluntary payment where no more than three years elapsed between payments. A spouse who lets that period run loses the right to claim support.
Is interim spousal support the same as a temporary restraining order on finances?
No. Interim spousal support under article 113 is a periodic payment from one spouse to the other to cover living expenses while the divorce is pending. It is separate from any court orders restricting the dissipation of community property, which a party can seek through different procedural mechanisms during the divorce proceeding.
Updates
Corrected the spousal support modification standard to La. Civ. Code art. 114 (material change in circumstances) rather than art. 116, which supplies only the judgment or authentic act routes, and added the art. 117 three-year peremption deadline for claiming support after divorce.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected two mischaracterizations of the article 112 one-third cap exceptions and the article 112(C) support presumption to match what Civil Code articles 103 and 112 actually say.
Governing law re-checked for recent changes
Reviewed and approved by an editor
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Louisiana Civil Code
§ 111Spousal support; authority of courtIn forcecited in 2 of our articles
In a proceeding for divorce or thereafter, the court may award interim periodic support to a party or may award final periodic support to a party who is in need of support and who is free from fault prior to the filing of a proceeding to terminate the marriage in accordance with the following Articles.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at legis.la.gov
Cited in 25 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- Shaw v. Young (Louisiana Court of Appeal 2016, 2015 La.App. 4 Cir. 0974)“…e the marriage in accordance with the following Articles. La. Civ.Code art. 111. Interim Spousal Support: Article 1…”
- Pellerin v. Pellerin (Louisiana Court of Appeal 1998, 715 So. 2d 617)“…of which we can take notice. La.Civ. Code art. 1853. [7] La.Civil Code art. 111 has been redesignated as art. 113, effe…”
- Floyd v. Floyd (Louisiana Court of Appeal 2003, 861 So. 2d 837)“…npoint the cause of the break-up. Ms. Floyd points out that La.Civ.Code art. 111 does not impose such a burden. Instead,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 112Determination of final periodic supportIn forcecited in 2 of our articles
A. When a spouse has not been at fault prior to the filing of a petition for divorce and is in need of support, based on the needs of that party and the ability of the other party to pay, that spouse may be awarded final periodic support in accordance with Paragraph B of this Article. B. The court shall consider all relevant factors in determining the amount and duration of final support, including: (1) The income and means of the parties, including the liquidity of such means. (2) The financial obligations of the parties, including any interim allowance or final child support obligation. (3) The earning capacity of the parties. (4) The effect of custody of children upon a party's earning capacity. (5) The time necessary for the claimant to acquire appropriate education, training, or employment. (6) The health and age of the parties. (7) The duration of the marriage. (8) The tax consequences to either or both parties. (9) The existence, effect, and duration of any act of domestic abuse committed by the other spouse upon the claimant or a child of one of the spouses, regardless of whether the other spouse was prosecuted for the act of domestic violence. C.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 60 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Miller v. Miller (Louisiana Court of Appeal 2014, 13 La.App. 3 Cir. 1043)“…ermining the amount and duration of final spousal support.” La.Civ.Code art. 112(B). The factors considered may include:…”
- Launey v. Launey (Louisiana Court of Appeal 1998, 722 So. 2d 406)“…ppeals the judgment of the trial court. DISCUSSION La.Civ.Code art. 112 allows for an award of permanent period…”
- Rusk v. Rusk (Louisiana Court of Appeal 2012, 12 La.App. 3 Cir. 176)“…eeking final periodic support is entitled to such an award, La.Civ.Code art. 112(A) provides that “[w]hen a spouse has n…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 113Interim spousal supportIn forcecited in 2 of our articles
A. Upon motion of a party, the court may award a party interim spousal support based on the needs of that party, the ability of the other party to pay, any interim or final child support obligation, and the standard of living of the parties during the marriage. An award of interim spousal support shall terminate one hundred eighty days from the rendition of a judgment of divorce, except that the award may extend beyond one hundred eighty days but only for good cause shown. B. An obligation to pay final periodic support shall not begin until an interim spousal support award has terminated.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 19 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Holly v. Holly (Louisiana Court of Appeal 2018, 255 So. 3d 1158)“…motion for new trial. In a supporting memorandum and citing La.Civ.Code art. 113, Mr. Holly argued: "Because Ms. Holly d…”
- Smoloski v. Smoloski (Louisiana Court of Appeal 2001, 799 So. 2d 599)“…the standard of living of the parties during the marriage." La.Civ. Code art. 113. A spouse's right to claim interim peri…”
- Derouen v. Derouen (Louisiana Court of Appeal 2005, 893 So. 2d 981)“…of living of the parties *984 during the marriage." [1] La.Civ.Code art. 113. The statute mandates that the award te…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 115Extinguishment of support obligationIn forcecited in 2 of our articles
The obligation of interim spousal support or final periodic support is extinguished upon the remarriage of the obligee, the death of either party, or a judicial determination that the obligee has cohabited with another person of either sex in the manner of married persons.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 13 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Robinson v. Robinson (Supreme Court of Louisiana 2001, 778 So. 2d 1105)“…and shall be terminated if it has become unnecessary." In La.Civ.Code art. 115, the obligation of spousal support is e…”
- Guillory v. Guillory (Louisiana Court of Appeal 2010, 9 La.App. 3 Cir. 988)“…J., concurs and assigns the following reasons: Subject to La.Civ.Code art. 115, I agree with the majority that Mrs. Gu…”
- Williams v. Williams (Louisiana Court of Appeal 2000, 760 So. 2d 469)“…and shall be terminated if it has become unnecessary." In La.Civ.Code art. 115, the obligation of spousal support is e…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 116Modification of spousal support obligationIn forcecited in 2 of our articles
The obligation of final spousal support may be modified, waived, or extinguished by judgment of a court of competent jurisdiction or by authentic act or act under private signature duly acknowledged by the obligee.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Bruce Lloyd v. Darlene Elaire (Louisiana Court of Appeal 2025)“…16 (La. 9/5/96), 679 So.2d 85, 93. Additionally, La.Civ.Code art. 116 states that “[t]he obligation of final…”
- Salvador Coscarart v. Gina Louise Beaugh Coscarart (Louisiana Court of Appeal 2014)“…n revisit the issue should circumstances change pursuant to La.Civ.Code art. 116, including among them should Gina’s lo…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 103Judgment of divorce; other groundsIn forcecited in 4 of our articles
Except in the case of a covenant marriage, a divorce shall be granted on the petition of a spouse upon proof that: (1) The spouses have been living separate and apart continuously for the requisite period of time, in accordance with Article 103.1, or more on the date the petition is filed. (2) The other spouse has committed adultery. (3) The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor. (4) During the marriage, the other spouse physically or sexually abused the spouse seeking divorce or a child of one of the spouses, regardless of whether the other spouse was prosecuted for the act of abuse. (5) After a contradictory hearing or consent decree, a protective order or an injunction was issued during the marriage against the other spouse to protect the spouse seeking the divorce or a child of one of the spouses from abuse.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at legis.la.gov
Cited in 32 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Poole v. Poole (Louisiana Court of Appeal 2009, 8 La.App. 3 Cir. 1325)“…d facts in his petition which would afford him relief under La.Civ.Code art. 103(2), not whether Mr. Poole could prevail…”
- Parker v. Parker (Louisiana Court of Appeal 1996, 671 So. 2d 1143)“…as abandoned. We next consider whether there was a proper La.Civ.Code art. 103(1) divorce granted. The record indica…”
- Schuchmann v. Schuchmann (Louisiana Court of Appeal 2000, 768 So. 2d 614)“…torney filed a petition for divorce, under the provision of La.Civ. Code art. 103(1), on Shawnna's behalf on February 25,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Louisiana Divorce Laws (2026): Grounds, Residency, and Process
§ 114Modification or termination of award of supportIn forcecited in 2 of our articles
An award of interim spousal support or final periodic support may be modified if the circumstances of either party materially change and shall be terminated if it has become unnecessary. The subsequent remarriage of the obligor spouse shall not constitute a change of circumstance.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2016
Opinions citing this section in our collection:
- Guillory v. Guillory (Louisiana Court of Appeal 2010, 9 La.App. 3 Cir. 988)“…1291 under La.Civ.Code art. 112 may be modified by way of La.Civ.Code art. 114 if there is a showing that circumstance…”
- Robinson v. Robinson (Supreme Court of Louisiana 2001, 778 So. 2d 1105)“…ignac, 96-1702 (La.App.3 Cir. 6/18/97); 698 So.2d 953 . La.Civ.Code art. 114 provides that an "award of periodic sup…”
- Williams v. Williams (Louisiana Court of Appeal 2000, 760 So. 2d 469)“…lement, amount, and *475 duration of final support." [5] La.Civ.Code art. 114 provides that an "award of periodic sup…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 117Peremptive period for obligationIn forcecited in 2 of our articles
The right to claim after divorce the obligation of spousal support is subject to a peremption of three years. Peremption begins to run from the latest of the following events: (1) The day the judgment of divorce is signed. (2) The day a judgment terminating a previous judgment of spousal support is signed, if the previous judgment was signed in an action commenced either before the signing of the judgment of divorce or within three years thereafter. (3) The day of the last payment made, when the spousal support obligation is initially performed by voluntary payment within the periods described in Paragraph (1) or (2) and no more than three years has elapsed between payments.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1978
Opinions citing this section in our collection:
- Greer v. Hatter (Louisiana Court of Appeal 1978, 364 So. 2d 1050)“…Sarah entered into this invalid marriage “in good faith.” La.Civil Code article 117. Plaintiffs strongly urge there is a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Louisiana Revised Statutes
§ 9:315.2Calculation of basic child support obligationIn forcecited in 4 of our articles
A. Each party shall provide to the court a verified income statement showing gross income and adjusted gross income, together with documentation of current and past earnings. Spouses of the parties shall also provide any relevant information with regard to the source of payments of household expenses upon request of the court or the opposing party, provided such request is filed in a reasonable time prior to the hearing. Failure to timely file the request shall not be grounds for a continuance. Suitable documentation of current earnings shall include but not be limited to pay stubs or employer statements. The documentation shall include a copy of the party's most recent federal tax return. A copy of the statement and documentation shall be provided to the other party.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at legis.la.gov
Cited in 72 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):Louisiana courts apply section 9:315.2 to how parental income is proved and measured. Harris v. Harris (2008) applied subsection (A) documentation requirements and subsection (B) potential-income rule for a voluntarily underemployed parent; Walden v. Walden (2002) held dropping extraordinary overtime was not voluntary underemployment.
Opinions citing this section in our collection:
- Guillot v. Munn (Supreme Court of Louisiana 2000, 756 So. 2d 290)“…forth in this Part is the proper amount of child support." La. R.S. 9:315.2-7 of the guidelines address the followi…”
- Walden v. Walden (Louisiana Court of Appeal 2002, 835 So. 2d 513)✓A father who quit heavy overtime after his divorce and took a higher-hourly promotion sought a support cut; the court found the overtime extraordinary and held the trial judge erred in treating him as voluntarily underemployed under 9:315.2(B) and using potential income.
- State, Department of Social Services ex rel. P. B. v. Reed (Louisiana Court of Appeal 2010, 10 La.App. 5 Cir. 410)✓In a dual-paternity case the juvenile judge set support from an unauthenticated deposit list and a 1099 rather than verified income statements; the court held that abused her limited discretion under 9:315.2(A), vacated the award and remanded for a proper hearing.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Louisiana Child Support Laws (2026): Guidelines & Calculator
§ 9:315Economic data and principles; definitionsIn forcecited in 6 of our articles
A. Basic principles. The premise of these guidelines as well as the provisions of the Civil Code is that child support is a continuous obligation of both parents, children are entitled to share in the current income of both parents, and children should not be the economic victims of divorce or out-of-wedlock birth. The economic data underlying these guidelines, which adopt the Income Shares Model, and the guideline calculations attempt to simulate the percentage of parental net income that is spent on children in intact families incorporating a consideration of the expenses of the parties, such as federal and state taxes and FICA taxes. While the legislature acknowledges that the expenditures of two-household divorced, separated, or non-formed families are different from intact family households, it is very important that the children of this state not be forced to live in poverty because of family disruption and that they be afforded the same opportunities available to children in intact families, consisting of parents with similar financial means to those of their own parents. B. Economic data.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 254 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Guillot v. Munn (Supreme Court of Louisiana 2000, 756 So. 2d 290)“…he majority, Louisiana's Child Support Guidelines, found at La. R.S. 9:315-9:315.15, were adopted in response to t…”
- Shaw v. Shaw (Louisiana Court of Appeal 1998, 714 So. 2d 906)“…he court order Neil to pay child support in accordance with La. R.S. 9:315-9:315.14 and that she be allowed to cla…”
- Gautreau v. Gautreau (Louisiana Court of Appeal 1997, 697 So. 2d 1339)“…g the award retroactive, by not following the guidelines of La.R.S. 9:315, et seq. and by not giving Ms. Gautre…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Explore the law
The laws cited above reference these related sections in their own text:
- Louisiana Civil Code § 103.1 — Judgment of divorce; time periods view in our statute record · read at the official source
- Louisiana Revised Statutes § 9:315.19 — Schedule for support view in our statute record · read at the official source
Related law for further reading — not part of this article’s citations.
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Louisiana Civil Code art. 111 - Spousal support; authority of court(legis.la.gov)
- Louisiana Civil Code art. 112 - Determination of final periodic support(legis.la.gov)
- Louisiana Civil Code art. 113 - Interim spousal support(legis.la.gov)
- Louisiana Civil Code art. 115 - Extinguishment of spousal support obligation(legis.la.gov)
- Louisiana Civil Code art. 116 - Modification of spousal support obligation(legis.la.gov)
- IRS Topic No. 452, Alimony and Separate Maintenance(irs.gov)
- Louisiana Civil Code art. 114 - Modification or termination of award of support(legis.la.gov)
- Louisiana Civil Code art. 117 - Peremptive period for obligation(legis.la.gov)
- La. R.S. 9:315.2 - Calculation of basic child support obligation(legis.la.gov)
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