Cosenza Law Firm

EXTRA, EXTRA!

Louis Cosenza — Mon, 13 May 2013 06:00:44 +0000

According to the April 8, 2013 edition of People magazine, television newswomen Jenna Wolfe and Stephanie Gosk are having a baby. Or are they? If they lived in Louisiana, only one of them would be having the baby, its mother, Jenna. Louisiana does not recognize marriage between two women. If Jenna and Stephanie broke up, Jenna could not obtain child support from Stephanie and Stephanie would have a difficult time persuading a court that she should be able to visit the child as if she were its parent. Seek legal advice if you are thinking about bringing a child into a same sex relationship. If you are not careful, you may lose everything you have put into it.

PAR FOR THE COURSE.

Louis Cosenza — Mon, 06 May 2013 06:00:08 +0000

According to the February 25, 2013 issue of US Weekly, Tiger Woods and Lindsey Vonn are romantically involved. If they marry and Tiger goes back on the prowl can Lindsey complain? In Louisiana, married persons owe each other “fidelity, support, and assistance”. Each spouse must be sexually loyal to the other, adultery is forbidden. But what if a woman knowingly marries a notorious womanizer? Can she obtain a divorce and alimony from him? Chances are the answer is “yes”. She may have been foolish, but society is more concerned with protecting the laws pertaining to marriage than in punishing her for a bad choice.

WHO’S YOUR DADDY?

Louis Cosenza — Mon, 29 Apr 2013 06:00:00 +0000

As reported in US Weekly’s February 25, 2013 edition, Kim Kardashian and Kanye West are expecting a baby although Kim’s marriage to Kris Humphries has not yet been dissolved. Who will be the baby’s legal father? In Louisiana, Kris would be presumed to be the father because he is the husband of the mother. However, he could disavow its paternity “by clear and convincing evidence” if he filed his lawsuit within one year of the child’s birth. If you are uncertain whether a child born of your marriage is yours, seek legal advice before its first birthday or you are “Daddy” whether you like it or not.

MIS-STEPPE BY MOM

Louis Cosenza — Mon, 22 Apr 2013 06:00:52 +0000

In Carpenter v. McDonald, 2012-CU-1460, the First Circuit Court of Appeal affirmed a trial judge’s decision to give custody of two young children to their grandmother. At the first custody hearing between the mother and father, the evidence established that the family lived in a “yurt”, a structure used by nomads on the steppes of Central Asia, without electricity or indoor plumbing, before their separation. The judge stated that he would have given the children to a third party had one asked for custody. Since no one did, he awarded joint custody with Mom as the primary physical custodian. Shortly thereafter, the children’s grandmother asked for custody. At this second hearing, the judge awarded custody to the grandmother based on evidence of the mother’s marijuana use and physical abuse and neglect of the children.

PUT YOUR MASK ON FIRST

Louis Cosenza — Tue, 16 Apr 2013 23:04:25 +0000

Lawyers are obliged to provide clients with objective advice. They must remain cool under pressure even in the face of obnoxious behavior by other lawyers, their clients, and witnesses. In a tight spot, they must put their mask on first and then go to work helping you. The Fourth Circuit Court of Appeal recently upheld a $100 sanction for contempt against a divorce lawyer who had engaged in “disruptions and interruptions” during a hearing. The Judge admonished both lawyers to behave as if they were children who had acted out in school. Although you may find such behavior by your lawyer admirable, it is unprofessional at best and can hurt your case by damaging your lawyer’s standing with the Court. Kirschman v. Kirschman, 2012-CA-0385.

DEVIL IN THE DETAILS

Louis Cosenza — Sun, 07 Apr 2013 21:46:47 +0000

In Blanchard v. Blanchard, 2012-0106, the Louisiana First Circuit Court of Appeal considered a divorced wife’s contention that the lawyers for a divorced husband had improperly calculated her agreed share of his personal injury settlement proceeds. Mrs. Blanchard contended that she was entitled to 1/3rd of the gross settlement proceeds of $500,000. Mr. Blanchard and his attorneys contended that she was only entitled to receive $24,481.24, one third of the net proceeds after fees, costs, a Medicare “set aside”, and advanced living expenses. The trial court dismissed Mrs. Blanchard’s lawsuit but the Court of Appeal concluded that she had stated a cause of action and had the right to sue her former husband and his attorneys. This case teaches a valuable lesson – make sure that the lawyer handling your community property settlement agreement does a good job on the details or you may wind up wasting time and money arguing about them later.

HOW LONG MUST YOU STAND BY YOUR MAN (OR WOMAN)?

Louis Cosenza — Sun, 31 Mar 2013 21:46:07 +0000

Wynonna Judd is seen supporting her husband, Cactus Moser, on stage in the November 19, 2012, issue of US Weekly. Moser lost a leg in an August 2012 motorcycle accident. What are your obligations if your spouse becomes disabled or diseased and you no longer want to remain married? Louisiana law permits a divorce under these circumstances, but you may be obligated to provide financial support if your spouse was without fault for the breakup of your marriage and is in necessitous circumstances. If you are contemplating a divorce from a disabled or ill spouse, speak with a lawyer first.

WHAT’S IT WORTH?

Louis Cosenza — Sun, 24 Mar 2013 21:44:17 +0000

The same question might be asked by a divorcing couple whose stock in Hostess Brands lost value during its recent financial difficulties. What can you do if your property, worth hundreds of thousands of dollars when you divorced, loses value before you are able to divide things up? The short answer is that there is not much that can be done. If it takes a trial to divide your property, it will be valued as of the date of the judge’s decision. Its pretrial or post-trial value does not matter. If you are trying to divide your property by a settlement agreement, you must stay informed about the value of the assets you are dividing so you get your fair share. If you don’t, you may wind up with the Twinkies.

SEPARATION ANXIETY.

Louis Cosenza — Sun, 17 Mar 2013 21:42:45 +0000

Economic hard times and a bad job market have sent many men and women out of state to find work. The December 3, 2012 issue of People describes the lives of workers who live in camps, prefabricated dormitories, while they earn a living and send money home. Unfortunately, separations do not always make hearts grow fonder. What do you do if your spouse files a divorce action against you in a state, or a country like Canada or Mexico, that is thousands of miles away? First, you must consult with a Louisiana attorney right away. There are rules concerning where spouses may sue for divorce, custody, or support. Chances are that if you act quickly, you can keep the home field advantage provided by a Louisiana court.

BOOMERANGS.

Louis Cosenza — Sun, 10 Mar 2013 21:41:19 +0000

Children who return home after they have left the nest are sometimes called “boomerangs”. Often, they return after a failed effort to find or keep a job. When they do, they can be a financial burden. The burden can be heaviest if they return with drug or alcohol problems. Jon Bon Jovi’s daughter, Stephanie, was found unconscious of an apparent drug overdose in her college dormitory on November 14, according to the December 3, 2012 issue of People. While their family probably has the financial means to care for her, other families are not as fortunate. In Louisiana, there is no legal obligation for a parent to provide any support to a child who has reached 18 years of age unless the child is “needy”. Parents of “needy” children are obligated to pay alimony to their children or to take them into their home and provide them with support and maintenance. If you have questions about the duties you may owe to your “boomerang”, contact a lawyer.