Spousal Support Guidelines for Maritime, Offshore, and Oil Rig Workers in Louisiana

A drilling crew spouse in Houma knows the household lived on about $118,000 last year. Then the first pay stub after separation shows a short hitch with almost no overtime. Similar disputes come up in Thibodaux, Morgan City, Lafayette, and Lake Charles. Spousal support for offshore and oil rig workers in Louisiana often depends on which slice of a very uneven paycheck the court treats as typical.

Choose the wrong period and the result can be badly off. A peak quarter can saddle a worker with payments that outlast the next downturn. A slow month can leave a dependent spouse short for years. This guide explains how Louisiana courts treat hitch schedules, overtime, per diems, injury settlements, and seasonal fishing income.

The Legal Framework

Interim support under La. Civ. Code Ann. art. 113 is based on need, the payor's ability to pay, and the marital standard of living. Final periodic support under La. Civ. Code Ann. art. 112 requires a claimant who is in need and free from fault. It is capped at one-third of the payor's net income. Courts generally use the income definition in La. Rev. Stat. Ann. § 9:315, which includes overtime, bonuses, and workers' compensation benefits.

How Hitch Schedules Affect Ability to Pay

Annualizing 14/14, 21/21, and 28/28 Rotations

Rotational workers are paid heavily for some months and lightly for others. Because of that, judges commonly average 24 to 36 months of W-2s and pay stubs instead of relying on one check. Consider a floorhand earning $28 per hour on a 14/14 rotation with 12-hour shifts:

• 84 hours per week on hitch: 40 straight hours ($1,120) plus 44 overtime hours at $42 ($1,848) equals $2,968 per week.
• Two weeks per hitch equals $5,936.
• Twenty-six hitch weeks a year equals about $77,168, or roughly $6,430 a month, before any offshore differential.

If net pay is about $5,100 a month, the cap on final support would be about $1,700 a month. Workers on 21/21 or 28/28 rotations usually get similar annual totals, just with longer gaps between paychecks.

Overtime, Hazard Pay, and Offshore Differentials

Built-in rotational overtime is part of the job, so courts usually count it. Extra overtime from a one-time project or emergency may be discounted if it is unlikely to repeat. Hazard pay and offshore differentials that show up on most checks are generally treated as regular income. Vessel crews may be exempt from federal overtime rules under the Fair Labor Standards Act (29 U.S.C. § 213(b)(6)), so many are paid a flat day rate instead.

Per Diems, Meals, and Lodging

Free meals and housing on a rig lower a worker's personal living costs. In State, Dep't of Soc. Servs. ex rel. D.F. v. L.T., Jr., 934 So. 2d 687 (LA Supreme Court 2006), the court held that tax-free allowances that cover living expenses count as gross income, ruling for the state and the parent receiving support. Judges apply similar reasoning to large per diems that exceed actual travel costs.

Layoffs and Oil Price Swings

Earning capacity is a factor under La. Civ. Code Ann. art. 112. A worker laid off in an industry-wide downturn usually gets relief. A worker who quits a $95,000 rig job to take a $35,000 onshore job may have income imputed at the higher level, unless the change was reasonable, for example because of injury.

Role-by-Role Breakdown

Rig Workers

Roustabouts, floorhands, drillers, toolpushers, and offshore installation managers are usually W-2 employees with predictable rotations. Disputes tend to center on overtime averaging, bonuses, and whether a promotion after separation should count.

Ship Captains, Tug Masters, and River Pilots

Masters of supply vessels and towboats often earn day rates of $500 to $900. Mississippi River pilots can earn well into six figures through their associations, and some are paid through pass-through structures that call for a K-1 analysis. Wages of a master or seaman generally cannot be attached, but 46 U.S.C. § 11109 makes an exception for support of a spouse or former spouse.

Commercial Fishermen

Shrimpers, oyster harvesters, and crabbers deal with seasons, storms, and price swings. Crew shares are often reported as fishing boat proceeds on Form 1099-MISC, Federal, Internal Revenue Service, Miscellaneous Information, and boat owners file Schedule C (Form 1040), Federal, Internal Revenue Service, Profit or Loss From Business. Courts often average three to five years and may subpoena dealer trip ticket data kept by the Louisiana Department of Wildlife and Fisheries, Baton Rouge to check for unreported cash sales.

Jones Act Settlements and Injury Benefits

Injured seamen may sue under the Jones Act (46 U.S.C. § 30104). Who counts as a seaman matters: in Sanchez v. Smart Fabricators of Texas, L.L.C., 997 F.3d 564 (5th Cir. 2021), the en banc court held that a welder working on jack-up rigs was not a seaman, ruling for the employer. Workers who are not seamen generally turn to the Longshore and Harbor Workers' Compensation Act, which pays two-thirds of the average weekly wage (33 U.S.C. § 908).

• Property classification: Under La. Civ. Code Ann. art. 2344, personal injury damages are separate property, except the portion that replaces community earnings or community expenses.
• Support analysis: Even a separate settlement counts toward income and means, including liquidity, under La. Civ. Code Ann. art. 112. Investment income and structured payments may be counted.
• Maintenance and cure: Maintenance is a daily living stipend, often $30 to $60. In Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (US Supreme Court 2009), the court allowed punitive damages for willful failure to pay maintenance and cure, ruling for the seaman.
• Taxes: Physical injury recoveries are generally tax-free under 26 U.S.C. § 104(a)(2), which raises the net dollars available.

Step-by-Step Process in Louisiana

Offshore families most often file in Terrebonne, Lafourche, St. Mary, Lafayette, and Calcasieu Parishes. The steps below apply in all of them.

Step 1: Collect Three Years of Pay Records

Gather each Form W-2, Federal, Internal Revenue Service, Wage and Tax Statement, along with every pay stub and any Schedule SE (Form 1040), Federal, Internal Revenue Service, Self-Employment Tax. Pay stubs that show hitch codes and overtime lines are especially useful.

Step 2: Map the Hitch Calendar

Build a spreadsheet of rotation dates, days worked, and gross pay per hitch. A month-by-month view makes averaging arguments clear for the judge.

Step 3: File for Divorce and Interim Support

File in the 32nd Judicial District Court, Houma, 17th Judicial District Court, Thibodaux, 16th Judicial District Court, Franklin, 15th Judicial District Court, Lafayette, 14th Judicial District Court, Lake Charles, or Civil District Court for the Parish of Orleans, New Orleans. Interim awards are generally retroactive to the filing date under La. Rev. Stat. Ann. § 9:321.

Step 4: Exchange Income Disclosures

Both spouses provide sworn income and expense statements with documents under La. Rev. Stat. Ann. § 9:326.

Step 5: Subpoena Employer and Third-Party Records

Under La. Code Civ. Proc. Ann. art. 1354, subpoena payroll registers, per diem policies, and crew change logs. For fishermen, request trip ticket and dealer records.

Step 6: Address Injury Claims and Settlements

Ask for settlement agreements and allocation schedules. Longshore claim files, which start with Form LS-203, Federal, U.S. Department of Labor, Employee's Claim for Compensation, can be requested from the U.S. Department of Labor, Division of Longshore and Harbor Workers' Compensation, New Orleans.

Step 7: Schedule Hearings Around the Rotation

Ask the court to set hearings during off-hitch weeks, or to allow remote testimony. Hearing officers under La. Rev. Stat. Ann. § 46:236.5 handle many first-level support conferences.

Step 8: Obtain the Order and an Income Assignment

After final support is set, employers can withhold payments using OMB No. 0970-0154, Federal, Office of Child Support Services, Income Withholding for Support. Federal law limits support garnishment to 50% to 65% of disposable earnings (15 U.S.C. § 1673).

Step 9: Seek Modification When the Market Shifts

A layoff, injury, or major raise can justify a change under La. Civ. Code Ann. art. 114 and La. Rev. Stat. Ann. § 9:311. File promptly, because relief generally runs only from the filing date.

How Much Does It Cost in Louisiana?

• Petition and advance deposit: roughly $150 to $600, depending on the parish.
• Rule for support and service: about $100 to $350.
• Employer and LDWF subpoenas: about $25 to $100 each.
• Attorney fees: $200 to $400 per hour, with retainers of $3,000 to $10,000. Contingency fees on alimony are barred by La. Rules of Prof'l Conduct R. 1.5(d).
• Income or vocational expert: about $2,500 to $15,000 when averaging or earning capacity is contested.

How Long Does the Process Take?

• Interim hearing: 30 to 90 days, sometimes longer if hitch conflicts force a reset.
• Discovery and payroll subpoenas: 60 to 120 days.
• Divorce eligibility: 180 days apart without minor children, 365 days with them.
• Final support trial: 6 to 18 months after filing.
• Interim support end date: generally 180 days after the divorce judgment if a final claim is pending.

Find a Louisiana Maritime-Savvy Family Lawyer in Our Directory

Offshore cases call for an attorney who understands rotation pay, day rates, and maritime injury law. Our directory helps families in Houma, Thibodaux, Morgan City, Lafayette, Lake Charles, and New Orleans compare verified local family law attorneys, read reviews, and book consultations. Many offer virtual meetings that fit around a hitch.

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