Friley & Dugas, LLC Baton Rouge Family Law Attorney | Divorce Lawyer East Baton Rouge Parish 2026-05-26T13:40:36Z https://www.kfrileylaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1605084/2022/01/cropped-favicon-32x32.png On Behalf of Friley & Dugas, LLC <![CDATA[5 retirement account mistakes that can cost you in divorce]]> https://www.kfrileylaw.com/?p=47989 2026-05-26T13:40:36Z 2026-05-26T13:40:36Z Mistake #1: Treating all retirement accounts the same A 401(k), pension and individual retirement account may all hold retirement savings, but they do not work in the same way. Some hold investment balances, while others may pay benefits over time based on plan rules. If you compare them as if they carry the same value, the financial result may not be equal. Two accounts with similar balances on paper may not provide the same long-term benefit.

Mistake #2: Ignoring the tax consequences

A dollar in one retirement account may not equal a dollar in another after taxes or distribution rules apply. Tax treatment can affect what the account actually provides when funds are transferred or distributed. In some situations, certain withdrawals or transfers during divorce can create tax costs or penalties. That means the balance shown on a statement may not reflect what you actually receive.

Mistake #3: Waiting too long on required paperwork

Some employer-sponsored retirement plans require specific court orders before one spouse can receive a share of the account. Other retirement accounts may follow a different transfer process. Delays or paperwork errors can slow the transfer or create complications in carrying out the property division. Timing can affect how and when retirement funds are divided.

Mistake #4: Forgetting to update beneficiaries

Some retirement accounts pay benefits based on the beneficiary form on file. Divorce does not automatically change every designation in every situation. If a former spouse remains listed, that can affect who receives those assets later. Beneficiary designations can create issues that go beyond the divorce judgment itself.

Mistake #5: Underestimating future value

A retirement statement shows what an account is worth today, but that number may not reflect future growth or long-term payouts. Investment-based accounts may continue to increase in value over time. Pensions may also provide benefits over many years instead of through a lump sum. If you focus only on the current balance, you may overlook how that asset could compare over time.

Protecting your financial future in divorce

Retirement accounts can involve more than the balance shown on a statement. The type of account, tax treatment, transfer rules and payout structure can all affect the practical value of what each spouse receives in property division. For older couples with substantial assets, retirement savings may represent a larger share of the marital estate and a larger part of future financial security. Mistakes in dividing these accounts can affect what those assets ultimately provide long after the divorce ends.]]> On Behalf of Friley & Dugas, LLC <![CDATA[Does child support in Louisiana cover extracurricular activities?]]> https://www.kfrileylaw.com/?p=47982 2026-03-18T12:52:45Z 2026-03-18T12:48:42Z Louisiana law establishes a clear framework for child support to ensure children maintain a stable lifestyle after a divorce or separation. While the state formula mandates payments for basic needs, parents often face additional costs for their children’s hobbies. Standard child support typically covers food, clothing and shelter. However, extra activities like soccer or dance require a different legal approach under current statutes.

Understanding special expenses 

Louisiana law states that these additional costs fall under the category of “other extraordinary expenses.” The basic child support obligation does not automatically include fees for sports, music lessons or summer camps. Instead, a judge possesses the authority to add “special expenses” to the monthly total.  The law targets activities that enhance a child’s athletic, social or cultural development. To approve these costs, the court examines the child’s specific needs and the financial ability of each parent to pay.

How parents manage activity costs

If you receive support, you must provide proof of every registration fee, uniform cost and equipment purchase. The court requires evidence that the child actively participates in the program to justify the extra cost.  Meanwhile, if you pay support, you should ask the court to set a specific dollar limit on these expenses. This cap protects your budget from unexpected or excessive financial burdens. Both parents can also sign a written consent agreement to split these fees. This document should define reimbursement deadlines and payment methods clearly to prevent future disputes.

Why clear court orders matter

Vague court orders often lead to missed payments and avoidable conflict between parents. A well-crafted decree ensures that your child continues their favorite activities without financial interruption.  Strategic planning protects your rights and clarifies every obligation from the start. A skilled attorney can help you manage these complex statutes to increase your chances of achieving a fair outcome. A clear agreement keeps the focus on your child's growth and success.  ]]> On Behalf of Friley & Dugas, LLC <![CDATA[Tips for managing joint finances during divorce]]> https://www.kfrileylaw.com/?p=47981 2026-01-16T15:32:07Z 2026-01-26T15:30:43Z Divorce is stressful, with money issues adding more pressure to the process. Long married couples in Baton Rouge, Louisiana often have issues when it comes to their joint accounts, shared debts and long-term investments. If you are in this position, you need to learn your options to prevent confusion and conflict.

What does the law say about joint finances?

Shared money ties both spouses to every transaction even after separation. Louisiana law presumes that most assets and debts gained during marriage fall under community property. There are exceptions where the courts consider assets owned before the marriage, inherited property or individual gifts as separate. They become community property when one spouse uses the separate property to contribute to a joint venture, like an investment or debt. These details shape how courts view ownership and responsibility.

Common financial trouble spots

Certain shared finances often create disputes when a divorce begins. These issues may grow if they remain unaddressed for months:
  • Joint checking or savings accounts with ongoing withdrawals
  • Credit cards opened during the marriage
  • Mortgages or home equity lines tied to the family home
  • Retirement accounts built over many years
When these issues stay unresolved, one spouse could end up paying for bills or losses they did not know about or agree to.

Steps to manage finances during divorce

Here are three key steps to protect your finances during divorce:
  • Make an inventory and gather documents: List all accounts, balances, loans and recent statements and download 12–24 months worth of bills.
  • Open individual accounts and protect credit: Set up personal checking and savings, redirect income, remove the other spouse as an authorized user and place fraud alerts if needed.
  • Get legal and financial help and use court tools: Consult a divorce lawyer and financial advisor, seek temporary orders to stop spending or transfers and use Qualified Domestic Relations Orders (QDROs) to split retirement accounts.
If you feel unsure how to proceed, a divorce lawyer can help clarify the process for you so you can protect your assets.

Plan ahead

Divorce is difficult for older couples who share assets. Mistakes with joint accounts, retirement splits or property transfers can hurt your finances for years. An experienced attorney can review your case and help you protect your legal rights.]]> On Behalf of Friley & Dugas, LLC <![CDATA[Child custody evaluations: What to expect and how to prepare]]> https://www.kfrileylaw.com/?p=47975 2025-12-01T15:47:03Z 2025-12-01T15:47:03Z Understanding the purpose and process of a custody evaluation A custody evaluation can give the court a broader sense of your daily environment, depending on the scope of the order and the evaluator’s approach. A trained professional may meet with each parent through private sessions that explore routines, discipline choices and communication habits. Your child may participate when age and comfort support a constructive exchange. You may also provide school pages, medical material or activity records if the evaluator requests them. Some evaluators in Louisiana may include a home meeting to observe your child’s sleep area, emotional comfort or general stability. Each part can relate to Louisiana’s best interest factors, which guide the court as it studies your child’s needs. The evaluator may prepare a report at the end of the review. This report usually reflects observations gathered throughout the process.

Recognizing what evaluators examine in Louisiana custody cases

You may notice consistent themes during a review. The following areas often influence the evaluator’s focus:
  • Daily involvement
  • Safety measures
  • Stability patterns
  • Co-parenting conduct
  • Substance concerns
  • Violence history
Each theme links to emotional development and daily continuity. Steady actions that support your child may carry meaning during the review.

Preparing for each stage of the evaluation process

Preparation may offer steadier structure during a demanding stage. School documents, medical logs and activity notes stay ready when the evaluator requests them. Clear and measured messages guide your communication and keep each exchange organized. A clean and steady home with a practical sleep area can help your child feel grounded. Patient structure during visits supports calmer interactions when the evaluator observes your routine. Raised voices or pressure add tension, so calm conduct often creates a more productive meeting.

Finding clarity as you move into the next phase

A custody case can pull your focus in many directions, and each step may leave you unsure about your next move. A clearer sense of the process can ease that strain and help you stay centered on your child’s needs. You may find value in pausing after each stage, taking stock of what feels steady and what still feels uncertain. That pause can guide your next choice, whether it involves gathering more records, adjusting a routine or seeking guidance that fits your situation.]]> On Behalf of Friley & Dugas, LLC <![CDATA[5 financial considerations for divorcing couples over 50]]> https://www.kfrileylaw.com/?p=47974 2025-10-01T11:42:52Z 2025-10-01T11:42:52Z 1. Retirement savings and pensions Your retirement accounts often represent one of your largest assets. In Louisiana, these funds are usually considered community property if earned during the marriage. Dividing 401(k)s, IRAs or pensions requires careful planning to avoid unnecessary taxes or penalties. A qualified domestic relations order may be needed to split certain accounts legally.

2. Health insurance and medical costs

Losing access to a spouse’s health insurance can create a significant expense, especially before you qualify for Medicare at age 65. You may need to look at COBRA coverage, private health plans or employer options if you are still working. Long-term care planning also becomes more important after 50, since unexpected medical costs can quickly impact retirement security.

3. Property and housing decisions

The family home often carries emotional weight, but keeping it may not always make financial sense. Consider whether you can afford mortgage payments, insurance, property taxes and upkeep on a single income. Downsizing or selling the home and dividing proceeds may provide both spouses with a more stable financial future.

4. Social Security benefits

Social Security can play a big role in retirement income. If your marriage lasted at least 10 years, you may qualify for spousal or survivor benefits based on your former spouse’s earnings record. This does not reduce the amount your ex-spouse receives. Understanding how these rules apply to your situation can help maximize long-term benefits.

5. Estate plans and beneficiary updates

Life changes after divorce should be reflected in your estate plan. Review and update wills, trusts, life insurance and retirement account beneficiaries. Without changes, an ex-spouse could remain listed as a beneficiary, which may not match your wishes. Taking time to align documents with your new circumstances helps protect your family and assets.

Protecting your financial future

Divorce over 50 often involves balancing immediate needs with long-term planning. Retirement accounts, health coverage, property choices, Social Security and estate planning all play key roles in shaping your financial security. Clear planning helps you move forward with confidence and ensures your future is protected.]]> On Behalf of Friley & Dugas, LLC <![CDATA[Social media boundaries that work for split families]]> https://www.kfrileylaw.com/?p=47970 2025-08-12T14:52:15Z 2025-08-12T14:51:50Z Set clear social media rules for your children You set the tone for how your child approaches social media by deciding on specific, age-appropriate rules for their accounts, privacy settings and device use. Think about whether they are ready for certain platforms, how much time they should spend online each day and what privacy controls will help protect them from unwanted contact. Explain why each rule matters so your child understands that the goal is to protect their safety and balance, not simply to control what they do.

Maintain healthy social media boundaries as a parent

Your own online habits can either reinforce or weaken the rules you have in place for your child. Avoid posting photos or details about them without agreement from the other home, especially for milestones or sensitive events. Do not use social media to criticize or monitor the other parent, since that can fuel conflict and undermine trust. Show your child how to use social media respectfully and thoughtfully, giving them an example they can follow instead of a set of rules they see you ignoring.

Agree on consistent standards across both homes

When rules change from one home to the other, your child ends up in the middle of two approaches, which creates stress and inconsistency. Talk with the other home about non-negotiable guidelines, such as app age limits, daily screen time caps and what personal information should stay private. Put these agreements in writing so they are easy to reference, and revisit them as your child grows or as new platforms appear, making sure your rules stay relevant.

Keeping your family on the same page

Consistent rules give your child stability, especially when their life is already split between two homes. If you start working on boundaries now, you can prevent misunderstandings before they turn into arguments, and you can help your child build healthy habits that last as social media changes. Stay focused on cooperation, even when it is not easy, so your child knows both homes are working toward the same goal: keeping them safe, connected and supported.]]> On Behalf of Friley & Dugas, LLC <![CDATA[Three things’ parents can do to help their children transition during divorce]]> https://www.kfrileylaw.com/?p=47953 2025-06-26T03:17:43Z 2025-06-26T03:17:43Z Put your child first Your child's well-being should be your top priority during a divorce. How parents interact with each other and their children plays a crucial role. Children have no control over the divorce, so parents must make the transition easier. Set aside differences with your ex-spouse and focus on your child's needs. Avoid forcing your child to take sides. Never involve them in conflicts or criticize the other parent in front of them. Instead, discuss issues privately with your ex-spouse. Ensure that you both work together to create a positive environment for your child.

Allow your child to be a child

Let your child enjoy their childhood without extra burdens. Avoid using them as a substitute for your ex-spouse. Statements like "You are the man in the family now" can pressure them. Children need to grow at their own pace, without taking on adult responsibilities too soon. As they mature, they can help more around the house. For now, let them focus on being kids and enjoying their childhood.

Respect the relationship with the other parent

Support your child's relationship with the other parent. Encourage them to spend time with their other parent without guilt or feeling disloyal. Reassure them that both parents love them. This is crucial for their emotional security. If your ex-spouse is capable of parenting, make sure your disagreements do not prevent your child from spending time with them. Help your child maintain strong bonds with both parents. This strengthens their ability to cope with the changes divorce brings. Children have a remarkable ability to adapt to change. With the right support, they can develop closer relationships with each parent post-divorce. By prioritizing your child's needs, you ease their transition. To ensure a more straightforward process, consider consulting a lawyer who can provide guidance and help manage legal aspects effectively. Your love and understanding make a significant difference during this challenging time.]]> On Behalf of Friley & Dugas, LLC <![CDATA[Three things to consider before keeping the house in a divorce]]> https://www.kfrileylaw.com/?p=47735 2025-04-12T03:15:20Z 2025-04-12T03:15:20Z Retaining the house after a divorce might initially feel like a victory, but it often comes with financial and logistical complexities. Before finalizing your decision, evaluate how this choice aligns with your long-term financial strategy. It's not solely about emotional ties—it's about sustainability and value.

Evaluate the impact of property taxes

Owning real estate comes with the ongoing responsibility of property taxes, which may increase due to changes in market conditions or local assessments. If your household income will decline post-divorce, these taxes could place a significant burden on your budget. Assess whether these recurring expenses are manageable within your revised financial framework.

Account for maintenance and ongoing upkeep

Every home requires continual maintenance. Responsibilities such as HVAC servicing, roofing repairs, plumbing issues, and routine landscaping can become overwhelming—especially when you're handling them alone. These costs, once shared, can add up quickly. If the property is older, the financial and time investments may be even greater than expected.

Assess the potential for asset leverage

In many divorce settlements, retaining the home may come at the cost of forfeiting other high-value assets, such as retirement savings. Consider whether the house will appreciate in value or if it represents more of an emotional attachment than a financial benefit. A retirement account could provide more growth potential and security. Make sure you weigh what serves your long-term goals more effectively. Your home is both a living space and a major financial commitment. If you're uncertain about managing taxes, covering repairs, or sacrificing other valuable assets, reconsider whether keeping the house is your best move. Evaluate all angles to ensure you're making the choice that supports a stable and flexible future.]]> On Behalf of Friley & Dugas, LLC <![CDATA[What defines commingled assets?]]> https://www.kfrileylaw.com/?p=47734 2025-04-12T01:41:06Z 2025-04-12T01:41:06Z Dividing property during a Louisiana divorce often presents complex financial questions. One major issue that frequently arises involves commingled assets. Understanding how these assets form—and how to address them—helps you safeguard what legally belongs to you.

How commingled assets are created

Commingled assets result when you mix separate property with community property. For example, if you deposit premarital savings into a joint bank account, you may convert separate property into community property. Similarly, using individual funds to renovate a jointly owned home can lead to commingling. Once this occurs, identifying the original source of funds becomes significantly more challenging.

Why commingling matters in divorce

Louisiana follows community property law, which generally requires a 50/50 division of assets acquired during the marriage. When you commingle your separate property with marital assets, the court may reclassify it as community property. This reclassification could reduce your share of what was once exclusively yours. To prevent this outcome, maintain clear documentation that traces the asset’s origin and tracks its use throughout the marriage.

How to prove property stayed separate

You can demonstrate that your property remained separate by compiling thorough and consistent records. Bank statements, receipts, and legal documents that establish the original source of the asset strengthen your claim. If the property existed before the marriage or came from a gift or inheritance, and you can prove it, the court is more likely to honor its separate status. Lacking proof, you risk the court dividing the asset equally between spouses. To avoid commingling, follow smart financial practices. Keep separate assets in individual accounts, and do not use them to pay for joint expenses. Refrain from placing gifts or inheritances into shared accounts. These steps build a clear financial boundary that courts can recognize when dividing property.]]> On Behalf of Friley & Dugas, LLC <![CDATA[Divorce – related tax questions you didn’t think to ask]]> https://www.kfrileylaw.com/?p=47727 2025-07-30T16:49:49Z 2025-02-11T22:10:47Z Divorce affects more than just your personal life—it also impacts your taxes in ways you might not expect. While some tax concerns are obvious, others can catch you off guard if you don’t plan ahead. There are some divorce-related tax questions you may not have considered.

Who claims the kids on tax returns?

If you have children, only one parent can claim them as dependents for tax purposes. The IRS usually grants this right to the custodial parent, but you and your ex can agree otherwise. If the noncustodial parent is claiming the child, the custodial parent must sign Form 8332 to allow it. This decision can affect tax credits and deductions, so it’s worth discussing.

Do you have to pay taxes on alimony?

For divorces finalized after 2018, alimony is no longer tax-deductible for the person paying it, and the recipient doesn’t report it as income. If your divorce was finalized before 2019, different rules may apply. Understanding how your agreement affects your taxes can help you plan for any financial changes.

What happens to shared tax debt?

If you and your ex owed taxes while married, you may still be responsible for that debt after the divorce. Even if your divorce decree assigns the debt to your ex, the IRS can still come after you if your name was on the return. You might qualify for Innocent Spouse Relief if you were unaware of tax issues caused by your former spouse.

How does divorce affect home sale taxes?

If you sell your marital home, you may qualify for a capital gains tax exclusion. Married couples can exclude up to $500,000 in profits from taxes, but single filers can only exclude $250,000. If you keep the house and later sell it, you may owe more in capital gains tax than you expected. Thinking ahead about these tax issues can save you stress and money. Consider your options carefully to avoid surprises when tax season arrives.]]>