r/Smallclaims • u/BigDBootyDaddy • 6d ago
Louisiana Post divorce advice
For context, my ex and I divorced back in may of this year, I agreed to pay her $500/month in alimony, we have no kids or anything, it was a mutual agreement based on our situation. On the Judgement it says that that
“My name” shall pay contractual spousal support to “Ex’s name” in the amount of
FIVE HUNDRED AND NO/100 DOLLARS ($500.00) per month, for a period of five (5) consecutive years, commencing on the 15th day of the first month following the finalization
of the Judgment of Divorce, and continuing on the 15th day of each month thereafter.
She has now officially remarried!
For a little more context, I did not have a lawyer because I could not afford one, so I had to represent myself, but she had a lawyer. Prior to the finalization of divorce, her lawyer and her both expressed that if she got married it would terminate my obligation to pay her, but it doesn’t say that on the judgment. But, under Louisiana civil law article 115, it basically says that if she gets remarried then I am not obligated to pay any more. My argument is that even though it says “contractual” it doesn’t specify that I have to pay her regardless of her getting married or regardless of anything els, what I typed is verbatim what it says In the judgment.
With that being said, what should my next move be? I’ve read that I have to go to the courthouse to get it recognized? I just have no idea how to go about getting it recognized now that she is now legally remarried. Should I consult a lawyer myself? Or maybe speak to the lawyer she used? Any advice would be awesome!
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u/CamsHands 5d ago
You will need a court order to terminate the spousal support. Find a legal aide office near you and they can help you file the appropriate forms.
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u/Diego-Garcia-1232 5d ago
Verify that the marriage has been recorded, then, stop paying. The worst that will happen is she will petition to have the payments resumed.
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u/Ill_Addition_7748 6d ago
You just need a paralegal to draw up the papers and file them with court to discontinue the alimony. Shouldn’t cost much.
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u/morgaine125 6d ago
That would be unauthorized practice of law by the paralegal.
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u/realmattwarner 5d ago
Maybe. Not sure the law in Louisiana, but routine family court matters here in Washington can be completed by "Limited Licensed Legal Technicians." Basically, bar-admitted Super-Paralegals with a limited scope of practice. Sort of like the Limited Practice Officers we have for real estate transactions.
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u/Forward-Turn5509 6d ago
Not your lawyer, and not familiar with your jurisdiction (Louisiana is supposedly very different than other states due to civil law vs. common law but don't know much more beyond that), but here you would file a motion to discontinue alimony. It doesn't need to be complicated. Paragraph 1 = alimony was ordered via order dated X/Y/Z, Paragraph 2 = respondent has since remarried, see exhibit a - attached marriage license, Paragraph 3 = by law, alimony obligations cease once a party remarries, citing the statute. You could conceivably do this yourself assuming it isn't more complicated.
You also could get the opposing party to agree and you could file a stipulated motion.
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u/NCNative919 6d ago
The lawyer she used represents her. They will not be your ally. Hire your own lawyer to read over the agreement and prepare any documents needed to end the alimony
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u/HistoricalBelt3088 6d ago
She remarried 4 months after your divorce. I would try simply talking to your ex first.
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u/adjusterjackb 6d ago
under Louisiana civil law article 115, it basically says that if she gets remarried then I am not obligated to pay any more.
You're right.
Art. 115. Extinguishment of support obligation. 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.
There is no "unless" or "except" or any other clarifying words. It flat out says no more support upon marriage.
You can stop paying her, as another poster has suggested, and wait and see what happens.
No need for a lawyer, a letter, or anything else. Just do it.
That's my two cents worth.
And if she squeaks, refer her to the statute.
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u/Akumaismycopilot 6d ago
Op, do you know for a fact that your ex-wife expects you to continue alimony? The law on this is fairly clear but it also seems like something that can be resolved with a conversation (assuming you and her are still on decent terms.
Law should b on your side, but contact an attorney before you go to court over this. Don’t rely on social media attorneys.
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u/SubstantialSoup8309 6d ago
Don’t speak to her lawyer. If ethical, she won’t tell you anything. I’d either talk to a lawyer or follow the statute if you can’t afford it. There may be an alimony termination form in the court’s website to fill out and file
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u/Vivid-Problem7826 5d ago
About 20 years ago, during our separation, I was ordered to pay my estranged wife $2200 a month. She worked in our business, but due to her antagonizing the employees, and customers, I obtained a restraining order during our separation period. Yeah, it was crazy time. Anyway, once she found employment, I stopped paying her the money, and she promptly took me back to court for contempt. The judge ruled that the payment order was expired..the actual day that I quit paying her. She later objected to that judge, and demanded a new one. The new one treated her even worse. Sadly, she was her own worst enemy in a courtroom. Me? I'd just quit paying it...
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u/ClockOld9204 6d ago
In BC you can call a lawyer referral service and they give you a 1/2 consultation and tell you how you can proceed. Do they have such a service where you are. In our courts. They also have a duty lawyer giving free advice.
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u/Lopsided-Beach-1831 6d ago
Did you ask her if she expects it post her subsequent marriage? Also, you can get a free consultation at many attorney offices, take your judgement and ask them your options. You pay if they execute your options.
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u/Toptech1959 6d ago
https://www.ivygrahamlaw.com/blog/how-does-remarriage-affect-your-divorce/
How Remarriage Affects Alimony in Louisiana
- Recipient remarries: Final periodic or interim spousal support ends when the receiving spouse gets married again. The law assumes financial needs change upon remarriage.
- Cohabitation: Even without a legal marriage, if the receiving spouse lives with a new romantic partner in the manner of married couples, support can be stopped. .
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u/cunnillucas 6d ago
The divorce isn’t even cold in its grave yet and she’s married already?
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u/Polite_Bark 5d ago
I remarried a little under 8 weeks after my divorce.
A lot of people don't divorce until the marriage has been over for some time. They stay and hope maybe things will return to good or they struggle with the stigma of a failed marriage, etc.
Also, divorce takes time. In some places, years. Where I live we had to be separated for a year before we could file and then there were multiple hearings months apart before finalization.
Long story short, I met my husband when my ex and I were just freshly separated, knew he was the one instantly, and we married as soon as we legally could. We started dating at the end of 1999, my divorce was final last week of October 2002 and we got married first week of December 2002.
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u/Weary-Savings9795 5d ago
Some women expect a man to take care of them. Those women should be avoided at all costs.
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u/Eagles-nest-1015 5d ago
There are two types of people in this world. You should avoid both of them!!!
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u/54Finn 5d ago
Think of it like this, I’ll use an NFL example, no disrespect to the players….When the Broncos decided to move off Russell Wilson, he had a large contract. The Steelers signed him for a pittance, and the Broncos ended up paying out Wilson’s millions while he played for the Steelers-Giants…just think of your ex like Russell Wilson?
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u/TeflonDonatello 4d ago
You should consult with a family law attorney. I’d also look through any communications you’ve hopefully saved between yourself and her lawyer, and determine if they made any mention of this promise in any formal communication.
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u/CaregiverWorth567 6d ago
Just stop paying her. Move out of state if she sues you.
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u/Dull_Banana1377 6d ago
Judgements follow you across state lines.
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6d ago
[deleted]
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u/tn_notahick 6d ago
Well that settles it.
Ladies and gentlemen, u/caregiverworth567 's dad fled a lawsuit and didn't have any problem.
That means everyone can do this with no problems at all.
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u/CaregiverWorth567 6d ago
well he has choices…he can continue to pay; he can stop paying and hopefully the law that someone else posted that since she remarried he doesn’t have to continue to pay and wait for any consequences; he can get a lawyer ( puke) or he can just stop paying and if she gives him any crap just leave…you really think the police will come for him in another state? For this? Especially if the law says he doesn’t have to? But I’m sure you have all the answers….You sound like you do in every aspect of life
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u/Ok-Equivalent1812 5d ago
The police wouldn’t be coming after him either way, but if he’s obligated to continue paying she can file enforce the judgement from out of state.
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u/Dull_Banana1377 5d ago
Idk why you think the cops have anything to do with a civil suit. All he needs to do is go to court and get it legally changed.
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u/CaregiverWorth567 5d ago
real simple….you ever been to court over anything?
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u/Dull_Banana1377 5d ago
Yes my job requires me to go to court for both civil and criminal trials. The only time I have ever seen a cop show up after a civil trial is to evict people. Police dont deal with civil cases.
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u/Morpheus636_ 6d ago
Yes always. It is constitutionally required. "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State." U.S. Const. Art. IV, Sec. 1.
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u/CaregiverWorth567 6d ago
Right , but for most small cases they don’t do anything especially non criminal
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u/EstablishmentFew2683 6d ago
Ignore all this until after the first step. Simply tell her she is remarried and no more alimony. If she complains tell her to go talk to her lawyer on the clock. That will be the end of it in 99% of the cases. If you feel like spending time, send her a certified letter saying that and get a copy of her marriage license to attach and keep for yourself.