Asked in Child Custody, Child Support and Family Law for Louisiana

Q: Do I have to rotate my Federal and State deduction each year with the Biological father if he doesn't pay child support?

I have a Joint Custody agreement for 2011 with the biological father that just states: "The parties agree to rotate the Federal and State deduction each year with the mother awarded the Federal and State deductions for odd-numbered years and the father awarded the Federal and State deductions for even-numbered years." -verbatim He does not pay child support or support my daughter. ( for medical, food, clothing, etc.) He is also in arrears of almost $10,000.00. With only $200.00 to pay in child support a month.

2 Lawyer Answers

Ellen Cronin Badeaux

  • Divorce Lawyer
  • Covington, LA
  • Licensed in Louisiana

A: Call your family law attorney to file a Motion to change that clause based on his arrears.

Douglas Lee Bryan

  • Marksville, LA
  • Licensed in Louisiana

A: You would need to file to have it changed so remove that provision from the judgment. Your attorney can also file a rule to have him held in contempt due to his failure to comply with the support order.

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