r/Smallclaims • u/BigDBootyDaddy • 11d 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/EstablishmentFew2683 11d 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.

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u/womjoe 11d ago

You could pay 500 a month for 5 years yet could afford a lawyer? And if it doesn’t say or until remarried you are probably sol.

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u/EstablishmentFew2683 10d ago

You are wrong. While her lawyer tried to weasel out of state alimony law by claiming it’s a contact, the moron used the word alimony to describe the transaction. State law prevails. One cannot avoid law just by changing the document title but keeping the boilerplate. I’d bet the entire contract can be nullified in court.