[Note: Selection of the proper form and its use and modification to suit
individual facts and circumstances requires careful review of all the language
by the user.]
Form No. 3.1 Petition for Rule for Spousal Support Without Demand for Divorce
PETITION FOR RULE TO SHOW CAUSE WHY SPOUSAL SUPPORT SHOULD NOT BE GRANTED
The petition of _______________ , who is domiciled in this parish, and
upon suggesting to the Court that:
1.
The defendant in this proceeding is _______________ , who is domiciled in
this parish.
2.
Mover and defendant are husband and wife, ha ving married on
_______________ , and thereafter having established their matrimonial domici le
in this parish.
3.
Mover and defendant are living separate and apart but no action for
divorce is pending.
4.
Mover is without sufficient means to provide for her support and is in
need of support from the defendant and requests that this court set spousal
support in the amount of _______________ payable on _______________ .
WHEREFORE, mover prays that a rule to show cause issue in the above
captioned matt er directed to _______________ , to show cause, on the date and at
the time fixed by this C ourt, why defendant should not be ordered to pay to
mover spousal support in the amount of _______________ , payable on
_______________ .
* * *
ORDER
IT IS ORDERED that a rule to show cause issue in the above -captio ned
matter directed to _______________ , to appear on the _____ day of
_______________ , 20 _____ , at _____ A.M. , and show cause why he should not be
ordered to pay to mover spousal support in the amount of _______________ ,
payable on _______________ .
ORDERED AND SIGNED, in _______________ , Louisiana, this _____ day
_______________ , 20 _____ .
Judge
Form No. 3.2 Rule for Interim Spousal Support Pending Divorce
(caption)
RULE SPOUSAL SUPPORT
* * *
Petitioner is in need of interim support and defendant has the ability to
pay support. Petitioner requests that this Court order defendant to show c ause
why a judgment should not be entered against him to pay interim periodic
spousal support, retroactive to the date of judicial demand.
* * *
WHEREFORE, Petitioner -in -rule prays that:
* * *
A rule to show cause issue in the above captioned mat ter directed to the
defendant to show cause why he should not be ordered to pay a reasonable sum
for interim periodic spousal support, retroactive to the date of judicial
demand.
ORDER
IT IS ORDERED that defendant, _______________ , show cause on the
day of _______________ , 20 _____ , at _____ A.M. o'clock, why he should not be
ordered to pay petitioner a reasonable sum for interim periodic spousal
support, retroactive to the date of judicial demand.
ORDERED AND SIGNED, in _______________ , Louisiana, this _____ day of
_______________ , 20 _____ .
Judge
Form No. 3.3 Judgment Awarding Interim Periodic Spousal Support
(caption)
JUDGMENT FOR INTERIM SPOUSAL SUPPORT
The rule taken in this proceeding was heard on _______________ .
Appearances: _______________ . The court, finding the law and the evidence to be
in favor of the mover, for the reasons orally assigned, rendered judgment as
follows :
IT IS ORDERED, ADJUDGED, AND DECREED that there be judgment in this
matter ordering the defendant, _______________ , to pay interim periodic spousal
support to the petitioner, _______________ , in the amount of $_________ , payable
on _______________ , retroactive to _______________ .
JUDGMENT RENDERED AND SIGNED, in open court, on the _____ day of
_______________ , 20 _____ , in _______________ , Loui siana.
Judge
Form No. 3.4 Motion for Final Periodic Spousal Support
(caption)
RULE TO SHOW CAUSE WHY FINAL PERIODIC SPOUSAL SUPPORT SHOULD NOT BE GRANTED
NOW INTO COURT, comes petitioner, ____________ ___ , through undersigned
counsel, who suggests to the Court that:
1.
Defendant in thi s matter, ____________________ , was ordered to pay to
petitioner interim spousa l support and petitioner now requests that this Court
set final periodic spousal support in a reasonable amount. The parties were
divorced by judgment of divorce rendered on the _____ day of _______________ ,
20 _____ , and the interim spousal support award is set to expire one hundred
eighty days thereafter.
2.
The petitioner is need of, defendant has the ability to pay, additional
support in the for m of final periodic spousal support. Petitioner requests this
Court issue, and set for hearing on a date before the interim support award
expires, a rule to show cause why defendant should not be ordered to pay a
reasonable sum for final periodic spousal s upport.
3.
Petitioner has been free from fault prior to the filing of the petition
for divorce.
WHEREFORE, Petitioner -in -rule prays that:
A rule to show cause issue in the above -captioned matter directed to the
defendant to show cause why a judgmen t should not be entered ordering defendant
to pay petitioner a reasonable sum for final periodic spousal support.
ORDER
IT IS ORDERED that defendant, ____________________ , show cause on the
_____ day of _______________ , 20 _____ , at _____ A.M. o'clock, why defendant
should not be ordered to pay petitioner, _______________ , a reasonable sum for
final periodic spousal support.
ORDERED AND SIGNED, in _______________ , Louisiana, this _____ day of
_____ , 20 _____ .
Judge
Form No. 3.5 Judgment Awarding Final Periodic Spousal Support
(caption)
JUDGMENT FOR FINAL SPOUSAL SUPPORT
The rule taken in this proceeding was heard on ____________________ .
Appearances: _______________ . The court, finding the law and the evidence to be
in favor of the mover, for the rea sons orally assigned, rendered judgment as
follows:
IT IS ORDERED, ADJUDGED, AND DECREED that there be judgment in this
matter ordering the defendant, ____________________ , to pay final periodic
spousal support to the petitioner, ____________________ , in the amount of
$_________ , payable on _______________ , commencing with the date this judgment.
IT IS FURTHER ORDERED that the interim spousal support judgment signed on
the _____ day of _________ ______ , 20 _____ , is terminated.
JUDGMENT RENDERED AND SIGNED, in open court, on the _____ day of
_______________ , 20 _____ , in _______________ , Louisiana.
Judge
Form No. 3.6 Rule to Increase Final Periodic Spousal Support
(caption)
RULE TO SHOW CAUSE WHY SPOUSAL SUPPORT SHOULD NOT BE INCREASED
On motion of the _______________ , through undersigned counsel, and upon
suggesting to the court that:
1.
Defendant. ____________________ , was ordered to pay petitioner final
periodic spousal support in the amount of $_________ per month, by judgment of
this Honorable court signed on ____________________ .
2.
There has been a change in circumstances between the time of the previous
judgment and the time this motion for increase was filed, more particularly
detailed as follows: ____________________ .
3.
Petitioner is in need of additional support, and desires spousal support
to be increased to $_________ per month, for the following reasons:
_______________ .
4.
Mover believes that the defendant's income and ability to pay is such
that an increase is warranted.
WHEREFORE, Petitioner prays that:
A rule to show cause issue in the above -captioned matter directed to the
defendant to show cause why a judgment should not be entered ordering defendant
to pay petitioner an increased sum for fi nal periodic spousal support,
retroactive to the date of judicial demand.
ORDER
IT IS ORDERED that defendant, _______________ , show cause on the
day of _____ , 20 _____ , at _____ A.M. o'clock, why he should not be ordered
to pay petitioner an increased sum for final periodic spousal support,
retroactive to the date of judicial demand.
ORDERED AND SIGNED, in _______________ , Louisiana, this _____ day of
_______________ , 20 _____ .
Judge
Form No. 3.7 Rule to Decrease Final Periodic Spousal Support
(caption)
RULE TO SHOW CAUSE WHY SPOUSAL SUPPORT SHOULD NOT BE DECREASED
On motion of _______________ , through undersigned counsel, and upon
suggesting to the court that:
1.
Petitioner was ordered to pay final periodic spousal support to the
defendant, ____________ ___ , in the amount of $_________ per month, by judgment of
this Honorable court signed on ____________________ .
2.
There has been a change in circumstances between the time of the previous
judgment and the time this motion for decrease was filed, more particularly
detailed as follows: ____________________ .
3.
Mover is unable to pay the amount of spousal support previously awarded,
and desires spousal support to be decreased to $_________ per month, for the
following reasons: ____________________ .
4.
Petitioner suggests that the defendant's income has increased such that a
decrease is warranted.
WHEREFORE, mover prays that a rule to show cause issue in the above
captioned matter directed to th e defendant to show cause why the amount of
spousal support awarded to the defendant -in -rule should not be decreased.
ORDER
IT IS ORDERED that a rule to show cause issue in the above captioned
matter directed to _______________ , to show cause, on the _____ day of
_______________ , 20 _____ , at _____ A.M. , why the amount of spousal support
should not be decreased, retroactive to the date of judicial demand.
ORDERED AND SIGNED, in _______________ , Louisiana, this _____ day of
_______________ , 20 _____ .
Judge
Form No. 3.8 Judgment Increasing or Reducing Spousal Support
(caption)
JUDGMENT MODIFYING FIN AL SPOUSAL SUPPORT
The rule taken in this proceeding was heard on _______________ .
Appearances: _______________ . The court, finding the law and the evidence to be
in favor of the mover, for the reasons orally assigned, rendered judgment as
follows:
IT IS ORDERED, ADJUDGED, AND DECREED that there be judgment in this
matter ordering the defendant, ____________________ , to pay final periodic
spousal support to the petitioner, ____________________ , in the amount of
$_________ , payable on __________ , retroactive to the date of judicial demand.
JUDGMENT RENDERED AND SIGNED, in open court, on the _____ day of
_______________ , 20 _____ , in _______________ , Loui siana.
Judge
Form No. 3.9 Rule to Terminate Interim Spousal Support
(caption)
RULE TO SHOW CAUSE WHY INTERIM SPOUSAL SUPPORT SHOULD NOT BE TERMINATED
On motion of _______________ , through undersigned counsel, and upon
suggesting to the court that:
1.
Petitione r was ordered to pay defendant interim periodic spousal support
in the amount of $_________ per month, b y judgment of this Honorable Court signed
on __________ .
2.
A judgment of divorce was signed in this matter was signed on the _____
day of _______________ , 20 _____ and the defendant has not requ ested final
spousal support. Petitioner is therefore entitled to a judgment terminating the
award of interim support.
WHEREFORE, mover prays that a rule to show cause issue in this matter
ordering the defendant to show cause why the interim spousal support award
should not be terminated.
ORDER
IT IS ORDERED that defendant, _______________ , show cause on the _____
day of _______________ , 20 _____ , at _____ A.M. o'clock, why interim periodic
spousal support should not be terminated.
ORDERED AND SIGNED, in _______________ , Louisiana, this _____ day of
_______________ , 20 _____ .
Judge
Form No. 3. 10 Rule to Terminate Final Spousal Support
(caption)
RULE TO SHOW CAUSE WHY FINAL SPOUSAL SUPPORT SHOULD NOT BE TERMINATED
On motion of _______________ , through undersigned counsel, and upon
suggesting to the court that:
1.
Petitione r was ordered to pay defendant final periodic spousal support in
the amount of $_________ per month, by judgment of this Honorable Court signed on
_______________ .
2.
Defendant has adequate means for her maintenance and support and no
longer needs support. Petitioner is therefore entitled to a judgment
terminating the award of final support.
WHEREFORE, mover prays that a rule to show cause issue in this matter
orderin g the defendant to show cause why the interim spousal support award
should not be terminated.
ORDER
IT IS ORDERED that defendant, _______________ , show cause on the
day of _______________ , 20 _____ , at _____ A.M. o'clock, why spousal support
should not be terminated.
ORDERED AND SIGNED, in _______________ , Louisiana, this _____ day of
_______________ , 20 _____ .
Judge
Form No. 3.11 Rule to Make Past Due Support Executory, With Rule for Contempt
and Attorney Fees
MOTION AND ORDER FOR RULE FOR JUDGMENT OF PAST DUE ALIMONY, CONTEMPT, A ND
ATTORNEY FEES
On motion of ____________________ , divorced spouse of _______________ ,
through undersigned counsel and on suggesting to the Court that:
1.
Mo ver's divorced spouse was ordered, in the above -captioned and numbered
matter, by judgment of this Honorable court signed on __________ to pay mover
support at the rate of $_________ per month.
2.
Defendant has failed to pay mover this support for the months of
and now is in arrearages for a total of _______________ .
3.
Defendant is guilty of willful disobedience of the lawful judgment, in
the ab ove -captioned and numbered matter, signed on __________ , in that he has
failed to pay mover support for the months of __________ as ordered by the
judgment of this court. Thus, defendant should be punished for his contempt.
WHEREFORE, mover prays that a rule be issued directed to the defendant
ordering him to show cause on a date and at a time to be fixed by this court,
why the amount of past due support which is now past due should not be
determined and made executory through the rendition of a judgment in favor of
the mover for ____________________ with legal interest and with attorney's fees
as allowed by law, and why _______________ should not be found in contempt of
court for willful disobedience of the judgment of this c ourt.
* * *
ORDER
IT IS ORDERED that the defendant, ____________________ , show cause on the
_____ day of _______________ 20 _____ , at _____ o'clock A.M. , why the a mount
of past spousal support which is now past due should not be determined and made
executory through the rendition of a judgment against defendant and in favor of
the mover for ____________________ with legal interest and with attorney fees,
and why ____________ ___ should not be held in contempt for willful
disobedience of the lawful judgment, in the above -captioned and numbered
matter, signed on __________ , in that defendant has failed to pay mover support
for the months of __________ as ordered by the judgment of this court.
ORDERED AND SIGNED, in _______________ , Louisiana, this _____ day of
_______________ , 20 _____ .
Judge
Form No. 3.12 Judgment Making Past Due Support Executory, Awarding Attorney
Fees and Finding Contempt
JUDGMENT
The rule taken in this proceeding by the plaintiff, to recover judgment
against the defendant for spousal support ordered by this court to be paid to
the plaintiff, which is past due and unpaid, was heard on __________ .
Appearances: _______________ . The court finding the law and the evidence to be
in favor of the plaintiff, for the reasons orally assigned, rendered judgment
as follows:
IT IS ORDERED, ADJUDGED, AND DECREED that judgment is rend ered in favor
of the plaintiff, __________ , and against the defendant, __________ , for the
sum of __________ , with attorney's fees in the amount of $_________ , with
interest at the legal rate of __________ percent, and for all costs of court.
The defendant is found to be guilty of civil contempt and sentenced as follows:
__________ , provided may purge himself of this contempt sentence by performance
of the orders of this Court.
JUDGMENT RENDERED AND SIGNED, in open court, on the _____ day of
_______________ , 20 _____ , in _______________ , Louisiana.
Judge