Veazey Felder & Renegar LLC
337-446-2709
Lafayette Office

Tradition Based. Technology Proficient Client & Community Focused

Lafayette Legal Blog

Do you understand medical child support?

As a parent, you bear a number of ongoing responsibilities to your child, even when you and your child's other parent chose to raise the child separately. One of the most commonly overlooked responsibilities that parents often discover unpleasantly is medical child support. Unlike typical child support, medical child support is not regular or necessarily ongoing. Instead, it only arises when a child receives medical care that is not fully covered by an insurance policy.

If and when this does occur, parents bear a legal obligation to cover any uncovered medical expenses. However, this responsibility does not always fall on both parents equally. It is important to make it a priority to address the amount of this liability each parent bears, especially when it comes to elective medical care.

What is an S corporation?

If you are considering the next steps toward legitimizing your small business and setting it up to grow, you may have run into people discussing S corporations. S corporations are a specific type of business classification that many small business owners prefer to use. In very broad strokes, the most commonly noted benefits of the S corporation are its potential tax benefits and its relatively affordable protections.

In order to qualify for S corporation status, a company can have no more than 75 shareholders. Of course, if you're just starting to venture into these matters, it is very unlikely that you and your business already have more than 75 shareholders. S corporations use relatively unique tax structuring that allow business owners to only pay one broad kind of federal tax by claiming the income as well as the losses of the business on their individual returns.

University faces more discrimination charges among faculty

University of Louisiana at Lafayette continued its streak of discrimination-related news stories recently, just one week after it terminated its softball coach over allegations of creating a "hostile learning and working environment." Now, four female faculty members of the B.I. Moody III College of Business Administration have filed complaints with the school though the Equal Employment Opportunity Commission (EOCC).

According to the complaints, the four women experienced gender-based discrimination from other faculty members. An attorney representing the female faculty members in the matter issued an offer of mediation to the university, but it eventually expired during the summer months. Once the offer expired, the faculty members filed their complaint with the EOCC.

Can you keep your business in divorce?

Here in Louisiana, divorces look a little different from those in other states throughout the country. Our state laws require that couples who choose to divorce divide their marital property equally, which removes some flexibility from the property division negotiations.

For those who own businesses, this can prove particularly difficult. A business is not only a complex asset, it is often the most valuable asset that a person may own. In a worst-case scenario, a business owner divorcing in Louisiana may need to close the business or sell it off to properly compensate a spouse for one's share of ownership in the business as a marital asset.

Is your spouse behind on spousal support payments?

If your ex fails to pay spousal support, you may be at a loss about what to do. This is a normal reaction to a frustrating situation, but you may have more options than you realize. In these circumstances, it is usually wise to consult with an experienced attorney to identify strategies you can use to approach this issue effectively.

First, it is wise to assess the motivations for nonpayment. If, for instance, your ex falls on hard times and simply cannot make payments according to the spousal support order, you may want to consider some sort of informal agreement where your ex pays you less than he or she owes, but is still able to make some payments rather than none. Often, being willing to flex when others experience hardship creates a scenario where you benefit more than you might otherwise.

Study finds Louisiana's divorce rate is among the highest

There are many factors that drive couples to divorce. Unfortunately, many of them hang heavy in the air in Louisiana, where a new study found that we bear one of the highest divorce rates of any state in the country. According to a report recently released by 24/7 Wall Street, the divorce rate in Louisiana is actually the 4th highest of all the states.

The report, which used data aggregated from the Census Bureau, claims that one of the primary issues leading to divorce for Louisiana couples is the significant number of individuals living in poverty or otherwise strapped financially. With an unemployment rate just above 5 percent, Louisiana is one of several states tied for the 6th highest unemployment rate throughout the country.

Former college president loses wrongful termination suit

After a job termination, it is common to feel that your firing was unjust. In some cases, of course, a firing is unjust, or at the very least violates some terms of an employment contract. If you face a demonstrably wrongful termination, you may have grounds to sue your former employer for damages and other remedies. However, not all wrongful termination suits are well-grounded, such as the suit brought against a small Baptist college by its former president that was recently decided in favor of the employer.

The former college president claimed in his suit that the college fired him in violation of his contract, but the court did not uphold his claim. The president's term leading the school was fairly controversial in its own right, and he faced a number of efforts to remove him from the position during his years there. U[on reviewing his claims, the court found that there was no reliable evidence fo many of his claims of malicious intent on the part of his colleagues.

What if my employee files a faulty workers' compensation claim?

As an employer, you want to make sure that your workforce remains healthy and fully functional. One of your primary tools to achieve this is workers' compensation coverage for your employees, but that doesn't mean that every workers' compensation claim actually necessitates a payout. Depending on many factors in an employee's claim, you may have reasonable grounds to avoid paying the claim in full or in part.

While it is important for employees to remain healthy, some claims are simply an abuse of the system. If, for instance, an employee files a claim for an injury that not actually work related, you have reasonable grounds to contest the claim. In some cases, the employee may actually bear the responsibility for his or her injury, either out of direct action, or because he or she does not properly pursue treatment to address the issue.

What are the advantages of limited partnership?

Limited partnerships are a type of business structure that is often overlooked when two or more partners consider how to set up their business or investment venture. In recent years, the limited partnership has taken a backseat to the often-preferred limited liability company, but it still offers some compelling benefits when instituted properly.

One of the most often-touted advantages of a limited partnership is the limit to how much an individual partner stands to lose should things go sideways with the venture. In general, a single investor or partner enjoys protection against losing any more than he or she puts into the partnership. This often proves exceptionally useful when it comes time to beat the pavement and rustle up investors, who tend to avoid opportunities that may cost more than they put in if the deal sours.

Protecting a business from divorce in Louisiana

When you own a business, divorce is always more complicated, unless you've thought ahead and protected the business with a prenuptial agreement. However, for business owners facing divorce in Louisiana, there is an extra layer of complication because Louisiana abides by community property guidelines when dividing assets and liabilities in a divorce.

Louisiana is among only a few states that use community property guidelines, but these can make a big difference. In states where community guidelines are not used, spouses can choose to divide up property however they see fit, as long as a court acknowledges that the division is "equitable." However, division of marital property in community property states, often including businesses, means that spouses must divide property "equally," which may make it more difficult to reach a legally sound compromise.

Contact Our Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Our Awards & Affiliations

  • Top Lawyers Of Acadiana 2017 | Acadiana Profile Magazine
  • AV - Lexis Nexis - Martindale Hubbell - Peer review rated - For Ethical Standards and Legal Ability
  • Super Lawyers
  • NFIB - The voice of small Business
  • Top Lawyer
  • Top Lawyers Of Acadiana 2016 | Acadiana Profile Magazine