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La. Rev. Stat. § 9:321

PART II.  SPOUSAL SUPPORT

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PART II.  SPOUSAL SUPPORT

§321.  Retroactivity of judgment concerning spousal support

A.  Except for good cause shown, a judgment awarding, modifying, or revoking an interim spousal support allowance shall be retroactive to the date of judicial demand.

B.(1)  A judgment that initially awards or denies final spousal support is effective as of the date the judgment is rendered and terminates an interim spousal support allowance as of that date.

(2)  If an interim spousal support allowance award is not in effect on the date of the judgment awarding final spousal support, the judgment shall be retroactive to the date of judicial demand, except for good cause shown.

C.  Except for good cause shown, a judgment modifying or revoking a final spousal support judgment shall be retroactive to the date of judicial demand.

D.  Spousal support of any kind, except that paid pursuant to an interim allowance award, provided by the debtor from the date of judicial demand to the date the support judgment is rendered, to or on behalf of the spouse for whom support is ordered, shall be credited to the debtor against the amount of the judgment.

E.  In the event that the court finds good cause for not making the award retroactive to the date of judicial demand, the court may fix the date on which the award shall commence.

F.  A judgment extinguishing an obligation of spousal support owed to a person who has cohabited with another person of either sex in the manner of married persons shall be retroactive to the date of judicial demand.

Acts 1997, No. 1078, §2, eff. Jan. 1, 1998.

Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 1977–2024 · leading case: Martin v. Martin
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Martin v. Martin (2016) lactapp · cites it 4× “R.S. § 9:321 concerns the ret-roactivity óf a judgment regarding the modification of a spousal support award.”
Katner v. Katner (2009) lactapp · cites it 2× “R.S. 9:321 D provided that Spousal support of any kind, except that paid pursuant to an interim allowance award, provided by the debtor from the date of judicial demand to the date the support judgment is rendered, to or on behalf of the spouse for whom support is ordered, shall…”
Anderson v. Anderson (2013) lactapp · cites it 2× “R.S. 9:321 B(2), Retro-activity of judgment concerning spousal support: If an interim spousal support allowance award is not in effect on the date of the judgment awarding final spousal support, the judgment shall be retroactive to the date of judicial demand, except for good…”
Molony v. Harris (2010) lactapp · cites it 2× “R.S. 9:321(D))). As to Mr. Molony’s 401k deduction, this Court found that a trial | wcourt should not require the payor spouse to cease contributing to his or her retirement savings plan in order to pay interim spousal support.”
McClanahan v. McClanahan (2015) lactapp · cites it 4× “R.S.9:321(B)(1) in consideration of Susan McClanahan’s position that “the interim spousal support agreement” terminated on the date of the Judgment awarding final periodic spousal support, and that the support award should be effective as of that date.”
Prestenback v. Prestenback (2008) lactapp “; LSA-R.S. 9:321 et seq. However, we note that pursuant to LSA-R.”
Hogan v. Hogan (2015) lactapp “R.S. 9:321. ■ We find that the facts of this'case demonstrate “good 'cause” for ah extension of the interim spousal support.”
Maggio v. Maggio (2008) lactapp · cites it 8× “R.S. 9:321(B)(1) which provides: A judgment that initially awards or denies final spousal support is effective as of the date the judgment is rendered and terminates an interim spousal support allowance as of that date.”
Kaye v. Rebennack (2011) lactapp · cites it 10× “R.S. 9:321, the trial court’s judgment awarding Kaye an increase should have properly been made retroactive to 6 April 2009, the date of judicial demand.”
Short v. Short (2012) lactapp · cites it 2× “R.S. 9:321(D). 3. The trial court erred in awarding Ms.”
Stelly v. Montgomery (1977) la “R.S. 9:321, which permit interspousal suits, are exclusive, not illustrative.”
Jack H. Shannon v. Julia Westrich Shannon (2024) lactapp · cites it 10× “R.S. 9:321. Under the facts of Pellerin, this Court applied subsections (B)(1)-(2) of La.”
Show all 17 citing cases →
— La. Rev. Stat. § 9:321(A) — 1 case
Martin v. Martin (2016) lactapp “R.S. § 9:321 concerns the ret-roactivity óf a judgment regarding the modification of a spousal support award.”
— La. Rev. Stat. § 9:321(B) — 1 case
Hindelang v. Hindelang (2011) la
— La. Rev. Stat. § 9:321(B)(1) — 2 cases
McClanahan v. McClanahan (2015) lactapp “R.S.9:321(B)(1) in consideration of Susan McClanahan’s position that “the interim spousal support agreement” terminated on the date of the Judgment awarding final periodic spousal support, and that the support award should be effective as of that date.”
Maggio v. Maggio (2008) lactapp “R.S. 9:321(B)(1) which provides: A judgment that initially awards or denies final spousal support is effective as of the date the judgment is rendered and terminates an interim spousal support allowance as of that date.”
— La. Rev. Stat. § 9:321(B)(2) — 3 cases
McClanahan v. McClanahan (2015) lactapp “R.S.9:321(B)(1) in consideration of Susan McClanahan’s position that “the interim spousal support agreement” terminated on the date of the Judgment awarding final periodic spousal support, and that the support award should be effective as of that date.”
Maggio v. Maggio (2008) lactapp “R.S. 9:321(B)(1) which provides: A judgment that initially awards or denies final spousal support is effective as of the date the judgment is rendered and terminates an interim spousal support allowance as of that date.”
Michael Steven Ledet v. Christine Diapaul (2023) lactapp
— La. Rev. Stat. § 9:321(C) — 1 case
Jack H. Shannon v. Julia Westrich Shannon (2024) lactapp “R.S. 9:321. Under the facts of Pellerin, this Court applied subsections (B)(1)-(2) of La.”
— La. Rev. Stat. § 9:321(D) — 5 cases
Molony v. Harris (2010) lactapp “R.S. 9:321(D))). As to Mr. Molony’s 401k deduction, this Court found that a trial | wcourt should not require the payor spouse to cease contributing to his or her retirement savings plan in order to pay interim spousal support.”
Short v. Short (2012) lactapp “R.S. 9:321(D). 3. The trial court erred in awarding Ms.”
Stowe v. Stowe (2015) lactapp
Wiley v. Wiley (2011) lactapp
Guillory v. Guillory (2010) lactapp
— La. Rev. Stat. § 9:321(E) — 1 case
Maggio v. Maggio (2008) lactapp “R.S. 9:321(B)(1) which provides: A judgment that initially awards or denies final spousal support is effective as of the date the judgment is rendered and terminates an interim spousal support allowance as of that date.”
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