Houma, LA asked in Family Law and Child Support for Louisiana

Q: Can my daughter's mother switch from State Child Support back to a previous Civil Court Ordered Child Support?

We had child support through a civil court order, which consisted of a $ amount plus 72% of all extraordinary expenses (My percentage of the combined income. I fell behind on payments and she went to DA's Office. They established a child support amount and the mother added in all expenses the Judge would allow, which I had to pay 58% (my new percentage of combined income.) However, we went back for a modification about a year later and she chose not to add any of the extra expenses. After this she began sending me Expense Statements and totals of all "extraordinary expenses" asking me to pay my 72% directly to her, which I ignored because the DA Judge told me all money goes through them from here on out. Now she is threatening me saying she will hold me in contempt because the Civil Court order is still in affect for extra expenses and the DA is only handling the Child Support... Please advise. Thank You.

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1 Lawyer Answer
Ellen Cronin Badeaux
Ellen Cronin Badeaux
Answered
  • Covington, LA
  • Licensed in Louisiana

A: No you do not have 2 competing child support orders. Latest one prevails. Therefore you need to pay directly to her 58% of extraordinary expenses every calendar year and lay your child support through the state. ONLY pay her that 58% after first $250 expended each year and ONLY pay by check, not cash or money order, and ONLY pay 58% if she provides you with copy of bill & proof of hwr payment. Then pay within 30 days.

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