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Louisiana Child Support Questions & Answers
1 Answer | Asked in Child Support for Louisiana on
Q: The state is still taking money for child support arrears that are already paid in full. They currently owe us $982.48.

We've called twice but basically get the run around. How do we tend to this because we need our money they owe us and we need them to stop taking payments from us.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 26, 2020

Hire a child support lawyer to terminate the garnishment.

2 Answers | Asked in Child Support for Louisiana on
Q: Why would someone go through support enforcement if they are already receiving child support?
Stephen Rue
Stephen Rue answered on Jun 25, 2020

Use state of Louisiana without costing you anything. Lawyers in regular civil court with personal attention.

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1 Answer | Asked in Child Support for Louisiana on
Q: If someone is receiving court ordered child support can they still go through the state for support enforcement?

Also the child is covered under medical insurance as stated by the court.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 25, 2020

Yes contact support enforcement in the district attorneys office.

1 Answer | Asked in Child Custody, Child Support and Tax Law for Louisiana on
Q: If judgements don’t say anything about claiming kids for taxes can I claim them every year she is in arrears on support?

Have joint custody with me as custodial parent. Also have a child support judgement. She is in arrears do I have to let her claim a kid for tax purposes? Her child support is only been paid once by her taxes and once by stimulus check. Never by her or her job.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 20, 2020

Claim both kids and hire a child support lawyer to file for a wage garnishment.

2 Answers | Asked in Child Support for Louisiana on
Q: Stipulated judgement for CS paid directly to CP. Child graduated HS at 18 in May. Does support continue to 19th bday?

I have a stipulated judgement for child support with no arrears (no late payments and all according to the judgement) paid directly to mother. There is no end date or termination conditions specified in the judgement. Son is the only child with the mother, who is the custodial parent. Son turned... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 18, 2020

Mother completely wrong. Do NOT make another payment unless your child is disabled. If your child support is garnished, your attorney needs to file a Motion to terminate the garnishment.

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2 Answers | Asked in Child Support for Louisiana on
Q: How do I terminate a child support order in Louisiana. My daughter is now 20years old

Dhh does not handle my case, I'm military so it goes directly to custodial parent through dfas. How do I get a court order to stop it.

Stephen Rue
Stephen Rue answered on Jun 18, 2020

It should terminate by operation of law. If you owe arrearages then you still may have to pay on the arrearages. If you having your income garnished, contact an experienced lawyer in your Parish.

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2 Answers | Asked in Child Support and Family Law for Louisiana on
Q: I filed for child support 10 years ago in Louisiana and they have never been able to serve him to establish paternity.

I currently live in Illinois. I believe he still lives in La but we have had no contact. If they are never able to serve him does that mean my case will never go anywhere. Do I need to hire a lawyer to help establish paternity and child support and should the lawyer be in IL or Louisiana?

Stephen Rue
Stephen Rue answered on Jun 12, 2020

You need to seek the help of a private attorney.

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3 Answers | Asked in Family Law and Child Support for Louisiana on
Q: if i established paternity of a child and he wasn't mine why do i have to file a disavow form and we not married

this child is 16 years old i have been going to jail behind this matter i was told to establish paternity in which i did so. Now i'm being told that it doesn't matter that i established paternity i need a Disavow form to be filed and i can't file it myself i really need some help. I... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Jun 5, 2020

Being biologically not the father of the child and being legally not the father are different things. Technically, a child could have 3 different "legal" fathers: biological, legal, and adoptive. If you are legally the child's father, you should file to disavow paternity within 1... Read more »

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1 Answer | Asked in Child Support and Family Law for Louisiana on
Q: Divorced in Miss. Son graduated high school in Louisiana and has moved out. Do we share the Obligation for three years?

He will be attending college and working pt but will not be living with either parent. Will it go directly to my son?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 2, 2020

Louisiana has no legal requirement that you pay child support after high school graduation. If this is for arrears, it goes to the other parent.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Louisiana on
Q: My boyfriend is scared that his bm is going to put him on child support if she finds out that I’m pregnant

He has a whole baby room for his son and buys him every and anything she ask him for him if she needs diapers, food, etc he gets it. he try’s to see him as much as he can but she always turns him down. In reality she’s just bitter because they aren’t together anymore and that’s because of... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 2, 2020

Your decision to have a child is your decision, not his and not his baby mama's. Yes she can put him on child support and so can you. If he wants custody or visitation, he can hire a custody lawyer.

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1 Answer | Asked in Family Law and Child Support for Louisiana on
Q: I just found out i might be the father of an 11 year old.

Her ex thought he was the father all these years. If it turns out he is mine am I responsible for back child support? Her mom told me no name was put on the birth certificate. What are my options? She is upset that her mom called and told me. She will not take my calls.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 2, 2020

You will not be liable for 11 years of back child support. But you may be responsible for the next 7 years of child support. If you want to be involved in the child's life, hire a custody lawyer. If you are not interested in being a Dad or paying 7 years of child support, stay off the phone... Read more »

1 Answer | Asked in Child Support for Louisiana on
Q: My son graduated this month and turns 18 next month when is child support in Louisiana able to be stopped?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 24, 2020

If no younger siblings, then child support ends 30 Jun 2020.

1 Answer | Asked in Child Support for Louisiana on
Q: I filed for child support but my child’s father Is doing his part. How do I cancel the court hearing on 8/31/2020?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 24, 2020

Contact the District Attorney. However if your child is on medicaid, paid by the state, then the decision is not up to you.

1 Answer | Asked in Child Support for Louisiana on
Q: My Mon had temporary custody of my kids and was on public assistance. I owe arrears where so my payments go?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 23, 2020

To the state to pay back the taxpayets for the public assistance to support your children.

1 Answer | Asked in Child Support for Louisiana on
Q: I received FITAP in 2010 for 18 months. Can the state keep child support sent to me in 2020?

I received fitap for 13 months and the noncustodial parent didn’t pay his monthly obligation of child support. He filed taxes this year for the first time and the state withheld it and stimulus for fitap back pay. Is there anything I can do to at least keep some of it during this hard pandemic

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 20, 2020

Yes a tax refund and stimulus check can both be garnished to pay child support arrears

1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: My custody/divorced decree is in MS. Ex and child live in FL and I live in LA. Need to get visitation redone + custody.

Need to redo custody and visitation plus possible child support but I live in Louisiana and ex-wife and child live in Florida. Divorce decree was done in MS. 14year old daughter wants to live with me, my wife and her 3 sisters to grow up with them and also because her mother and boyfriend have... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 20, 2020

If your child lives in FL for at least 6 months, then you need to hire a FL custody lawyer.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Louisiana on
Q: Do u still have to have a hearing if you filed a motion of default?

My attorney filed a motion of default and I still had to attend the hearing for custody, alimony and division of some assests..I wasnt properly represented and he ended up not paying alimony , getting his visitation with the child unsupervised and the home which I initially purchased when we got... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 18, 2020

So your attorney filed a Preliminary Default and at the Prima Facia hearing got clobbered. Hire a new lawyer. But yes, there had to be a Prima Facia Hearing to confirm the default.

1 Answer | Asked in Child Support for Louisiana on
Q: Child turns 18 tomorrow. Finished school last week. Graduation put off until July bcuz of covid19.

Dept of social services says have to pay support until graduation ceremony even though she passed and finished with school. Child is getting $580 week from unemployment. How is this even fair.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 18, 2020

It's not fair and I disagree. I think you have to pay child support through 31 May 2020. Then stop.

1 Answer | Asked in Child Support for Louisiana on
Q: 2 children. One turns 18 in a month. Does child support get cut in half when one is emancipated?

Do you have to file a motion to get child support reduced? Is this automatic? Does support amount stay the same?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 12, 2020

No. Consult with a child support attorney to determine any change in the amount that could be obtained. Without going to court or a Consent Judgment, it remains unchanged

1 Answer | Asked in Child Support for Louisiana on
Q: How can I get my back child support
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 12, 2020

IF you already had a child support judgment, THEN an attorney can file contempt for you. You can then garnish wages or seize tax refunds and assets.

IF you need a judgment of child support, THEN an attorney can file a Petition on your behalf.

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