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Louisiana Family Law Questions & Answers

1 Answer | Asked in Family Law and Child Custody for Louisiana on

Q: Can my child's step father's income be supplemented for her mother's income if she isn't working?

At the time that my child support was set up my child's mother was not single and not working. After everything was finalized and we agreed on "co-domiciliary parents" she went off and got married. My lawyer said that if I wanted to later on down the road to try and get a reduction in child support... Read more »

Ellen Cronin Badeaux answered on Aug 17, 2019

No it is not based on the step father's income. But income can be imputed to her from her last job and any benefit she drives from his income.

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Land Use & Zoning for Louisiana on

Q: Is there a law in Louisiana that prohibits felons from owning property

My son has 5 felonies and we jointly own a house 50/50. He'll go to jail and stay anywhere from 7 months to 36 months and each time he comes back to my home(his house) he destroys it a little bit more. This time he tried to burn it down around his 86 yr old grandfather and myself. I'm just... Read more »

Ellen Cronin Badeaux answered on Aug 17, 2019

Felons can own property. You can buy him out.

2 Answers | Asked in Family Law for Louisiana on

Q: In Louisiana, what rights does a man have that's not the biological father if he is listed on the birth certificate?

My daughter listed the man she thought was the father of her child on the birth certificate. They never married. As it turns out he is not the biological father. He is now threatening to take her to court to get custody because he doesn't approve of the new boyfriend. Can she remove his name from... Read more »

Douglas Lee Bryan answered on Aug 16, 2019

If he is on the birth certificate, he is the child's legal father and has equal legal and custodial rights to the child, unless a court has ruled otherwise. I would suggest that your daughter consult with an attorney as soon as possible to discuss what steps she should take.

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2 Answers | Asked in Child Support, Divorce and Family Law for Louisiana on

Q: How long does interim spousal support last?

Never finalized divorce after 2 years reconciled with husband what happens?

Ellen Cronin Badeaux answered on Aug 16, 2019

Interim spousal support lasts six months after the date of final divorce if periodic spousal support is pending.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Louisiana on

Q: How do I take my daughter's dad back to child support court?

I made a deal for 400 but now I'm not working at the moment. He doesn't see my child due to her coming home with handprint marks on her. I have an open CPS case right now and we go to custody court Aug 27th. He doesn't ask about her and like I said I won't allow him to see her after that. I found... Read more »

Ellen Cronin Badeaux answered on Aug 13, 2019

Call the DA's office and open a child support case

1 Answer | Asked in Divorce and Family Law for Louisiana on

Q: Do I have to change my last name back to my maiden name after the judgement of divorce?

I filed the Petition for Divorce 103(1), paid all fees, and everything to make the make process fast. In the Petition I requested to keep my married name, but in the Judgment I put I wanted to keep my maiden name cause that’s what he wanted. That’s the only reason I put that! Now my ex husband... Read more »

Ellen Cronin Badeaux answered on Aug 12, 2019

Your ex is blowing smoke.

1 Answer | Asked in Family Law and Child Support for Louisiana on

Q: My ex husband was ordered $1000. He pays 500. Can I go back for increase? Does his new children affect amount?

I allowed him to pay the 500 for the past 2 years and he recently asked to stop making payments completely due to changing jobs and having 2 other children. How does this work?

Ellen Cronin Badeaux answered on Aug 10, 2019

His other kids irrelevant. His new job Is relevant. Get a judgment of arrears for the $12,000 he already owes you.

1 Answer | Asked in Family Law and Child Custody for Louisiana on

Q: How can I have my son's dad's rights stripped from him?

I was awarded sole custody of my son in 2018. His father hasn't seen him since 10/17 & hasn't called or tried to contact him since 12/28/17. He owes $13,450.03 in back child support (won't go up again until Sept) & has only made 6 payments since he was court-ordered in 2016. 3 June '18 & 3 June... Read more »

Ellen Cronin Badeaux answered on Aug 9, 2019

You can't "strip" his rights unless your subsequent husband adopts him. You can't change your child's name, unless he consents.

1 Answer | Asked in Family Law and Civil Litigation for Louisiana on

Q: If the opposing party declines a request for a continuance does that mean it won’t get granted?

The opposing party has denied a verbal request for a continuance can I still file one and hope it goes through? Because if not I don’t have an attorney for my divorce case on the 26th. My legal aid attorney dismissed me last week due to a pending criminal case with my ex husband so I wouldn’t... Read more »

Ellen Cronin Badeaux answered on Aug 9, 2019

It can get continued even if it is opposed.

1 Answer | Asked in Divorce and Family Law for Louisiana on

Q: Can my husband's EX wife take his daughter outside of state lines without his consent if she is primary custodian?

She constantly allows her parents to take the child to dallas and does not inform us. We find out later, she claims its not during our visitation so it doesn't matter. She is so hard on us and we are to the point of going back to court. I would just like to know if this is something that happens to... Read more »

Ellen Cronin Badeaux answered on Aug 9, 2019

She is obligated to give you the flight number, airline, hotel, dates of departure and return, destination but does not need your permission if it is during HER visitation.

1 Answer | Asked in Divorce and Family Law for Louisiana on

Q: Can my income be included as joint income if we take my husbands ex wife back to court?

We are at the point of wanting to take my husband's EX wife back to court for more custody but I am afraid she will try and use my income as a reason to increase our current payments. I have gotten mixed reviews from people and am just trying to find some information in this grey area.

Douglas Lee Bryan answered on Aug 9, 2019

No, your income can't be used for purposes of calculating child support.

1 Answer | Asked in Family Law for Louisiana on

Q: Can my father adopt my son with out his dad (that has been missing since Oct. Signature) He was in agreeance

He's on his birth certificate, he didn't help take care of him financially or Physically. It has always been my dad.

Ellen Cronin Badeaux answered on Aug 7, 2019

No an adoption attorney will still have to get the biological father served.

1 Answer | Asked in Family Law for Louisiana on

Q: How can i get a mobile home title transferred from my deceased step father to me.

Ellen Cronin Badeaux answered on Aug 7, 2019

You need to find a successions attorney in the parish in which your father lived.

1 Answer | Asked in Family Law for Louisiana on

Q: I live in Baton Rouge, Louisiana want to file a civil lawsuit on someone who live in Houston,Texas. How do I go about it

I wired $900 to my father to buy a car.He brought the car and is now holding the car hostage for more money. He will not give me the car or send my money back.

Ellen Cronin Badeaux answered on Aug 6, 2019

This sounds like a verbal contact gone bad. Call a contract attorney for a consultation.

1 Answer | Asked in Family Law for Louisiana on

Q: Boyfriend passed away, lived together 14 years. It was verbally made known that i was to continue living here.

In our home of 14 years. I just received a hand written request to leave the premises from his kids 4 weeks after burying him. I payed for 1/3 of funeral expenses. I have paid land taxes. I have been supporting their Father for the past few years. Do I have any recourse?

Ellen Cronin Badeaux answered on Aug 6, 2019

No you have no recourse. If your boyfriend never donated any interest in the house to you, you have no rights and can be evicted.

1 Answer | Asked in Family Law and Child Support for Louisiana on

Q: If me and the child's father agree to end child support but are not getting back together. Can we stop child support ?

Ellen Cronin Badeaux answered on Aug 5, 2019

Child support is your child's right. Why don't you just put the money in a college fund for your child?

1 Answer | Asked in Family Law and Child Support for Louisiana on

Q: If my husband agreed to pay $420 when he and his daughters mom split up 4 years ago, but now we have her 15 days out of

the month and we pay most of the transportation money. The mom doesn’t meet us to pick her up or drop her off plus what we pay having her half the month. It’s becoming too much money for us because we have her a lot of the time and the mom still asks us to pay for school supplies and such even... Read more »

Ellen Cronin Badeaux answered on Aug 5, 2019

Yes you can get child support lowered. Hire a child support lawyer.

1 Answer | Asked in Child Custody and Family Law for Louisiana on

Q: out of wedlock child

I am pregnant by a married man and his wife has made threats to harm the child and took actions to harm me. There are police reports. He wants to be on the birth certificate and have rights. Is there a way I could keep her from the child while allowing him visitation

Ellen Cronin Badeaux answered on Aug 2, 2019

File criminal complaints against her. Print, record or film any threats she has made. Go to a family law mediator with him.

1 Answer | Asked in Family Law and Civil Litigation for Louisiana on

Q: Does the 1 year deadline to make a claim when fraud is involved begin upon discovery of the fraud ?

Ellen Cronin Badeaux answered on Jul 31, 2019

Yes the clock starts to tick at discovery.

1 Answer | Asked in Family Law for Louisiana on

Q: Voluntary legal custody agreement from a parent to a grandparent

Documents needed for OFCS DCSS assistance

Ellen Cronin Badeaux answered on Jul 31, 2019

A juvenile court attorney can help you with this.

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