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Questions Answered by Mr. James Zitzmann
1 Answer | Asked in Divorce for Louisiana on
Q: My wife left a week ago and now claims I will be evicted tomorrow from our home, is this legal?

house is on family land and they claim they can evict me tomorrow is this possible? I have paid all bills but house payment she pays that

Mr. James Zitzmann
Mr. James Zitzmann
answered on Nov 23, 2017

The issue of use of the community home is handled during the divorce proceeding. It isn't possible to use the normal eviction statutes.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: Can a lawyer represent me in a family case for custody of my child from Louisiana even though the case is in TX
Mr. James Zitzmann
Mr. James Zitzmann
answered on Oct 27, 2017

If the case has been filed in Texas, you will have to get an attorney there.

2 Answers | Asked in Divorce for Louisiana on
Q: Can a 102 divorce judgement/decree be issued prior to settling community property & custody in Lafayette Parish?

Divorce was filed 09/2016 and I was served 10/20/2016. I am pro se now and her attorney is not willing to communicate with me effectively. We have a custody hearing in December, but I would like to have the divorce finalized. I want to file the required documents to have it sent for Rule, but we do... Read more »

Mr. James Zitzmann
Mr. James Zitzmann
answered on Oct 27, 2017

You do not have to wait for the settlement of any other issues. Based on what you have said, you can file the rule to show cause why a divorce should not be granted at any time. Any party can file this rule; you do not have to be the petitioner.

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1 Answer | Asked in Adoption and Family Law for Louisiana on
Q: Me and my ex husband has joint custody of our 15 yr old daughter. He is taking me to court to have my rights terminated!

Can this happen? I have visitation rights which he will not abide by. It has been 2 yrs since I was able to see or talk to her

Mr. James Zitzmann
Mr. James Zitzmann
answered on Sep 7, 2017

There are certain circumstances where this can happen if you haven't exercised visitation rights in a certain amount or time or haven't paid child support in a certain amount of time. You'll want to contact an attorney immediately regarding this.

1 Answer | Asked in Family Law and Juvenile Law for Louisiana on
Q: What does Art. 4463 Tutor without bond mean in laymens terms. Court may dispense with the furnishing of security

Does the tutor have authority to withdraw funds from the bank account set up for the minor?

Mr. James Zitzmann
Mr. James Zitzmann
answered on Sep 5, 2017

Without bond just means that the tutor does not have to give to the court any security or monetary guarantee that they will perform the duties faithfully in being the tutor for the child. For example, you can compare it to when someone wants to get out of jail, they will put up a bond to ensure... Read more »

1 Answer | Asked in Family Law for Louisiana on
Q: My ex husband got arrested for domestic abuse child endangerment and domestic abuse battery. I have my son

He is the domicilary parent and we currently have a joint custody plan in effect. I think I need to file an ex parte but not sure of where to get the application for St Martin Parish16th judicial court . Can I do that on my own..I can't afford an attorney and I make too much money for a free... Read more »

Mr. James Zitzmann
Mr. James Zitzmann
answered on Sep 5, 2017

The clerk of court for your parish may have pre-printed ex parte custody forms, so you'll need to call and ask if one is available. If they do, you can do it on your own, but you should at least have a consultation with an attorney as there can be many moving parts for an ex parte petition.... Read more »

1 Answer | Asked in Family Law for Louisiana on
Q: I need a legal aid Attorney to help with my Divorce. And I dont have alot of money
Mr. James Zitzmann
Mr. James Zitzmann
answered on Aug 25, 2017

Call The Pro Bono Project at 504-581-4043 or Southeast Louisiana Legal Services at 504-529-1000.

1 Answer | Asked in Divorce and Child Support for Louisiana on
Q: Is there any such thing as "the bare minimum" in child support payments? My boyfriend's ex keeps telling his kids that.

She shares every detail about everything. One is now 18 but the others are 13 and 14. The divorced was handled by her father, a lawyer and he has told them the same. We thought it was based of income using the support calculator for Louisisana. Just want to be sure, he has never had an attorney and... Read more »

Mr. James Zitzmann
Mr. James Zitzmann
answered on Aug 14, 2017

The lowest child support payment under the child support guidelines is 100 per month, however this can be deviated from if the parties entered into a consent judgment. Also, a party can file a motion to modify child support if they can show a material change in circumstances.

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