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Louisiana Family Law Questions & Answers
1 Answer | Asked in Child Support and Family Law for Louisiana on
Q: Can she still receive interim spousal support? Even after 2 yrs of no finalized divorce?

If there's no finalized divorce after 2 yrs. Does interim spousal support continue or does it end.I filed for child support then after they tried to serve him. He went filed for a divorce child support and spousal support with his lawyer. Then we went to court where him and his wife showed up and... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 18, 2019

You already asked this question. It is hard to follow. The first order of child support is unaffected by any subsequent orders of child or spousal support.

1 Answer | Asked in Child Support and Family Law for Louisiana on
Q: Can you live in one state but get support in another state?

My child's father pay childsupport for a child that use to live in Mississippi when the child was born but now lives in Virginia and has live there for about 5 or more now. Is that ok?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 18, 2019

Yes. There is a uniform child support compact between the states to collect child support.

1 Answer | Asked in Family Law and Child Support for Louisiana on
Q: What if after 2 years divorce wasn't finalized what happens with child support and interim spousal support?

Child's father went filed a 102 divorce in August of 17 judge signed in Sept 17 they had a hearing in Oct 17 so that he doesn't have to pay much child support to my child. Him and his wife never separated nor did they finalized their divorce yet its been two years since all of this has happened. He... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 18, 2019

You need to consult with a child support attorney because your question is very confusing. Subsequent child support orders do not affect the earlier child support order.

1 Answer | Asked in Divorce, Family Law and Child Support for Louisiana on
Q: Is it possible to convert a transcript into a judgment?

I filed for divorce 10 years ago and received a temporary order recommendation which my now ex husband protested. We went to court and the judge ordered him to pay a lesser amount in court. The judgment, however, was never signed. My ex husband stonewalled me at every turn and I finally was granted... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 16, 2019

Hire a private child support lawyer and give them the transcript.

1 Answer | Asked in Family Law for Louisiana on
Q: I hired a Family Law Atty for a flat fee of $15K. I got an email from her husband saying I owe $2500 and is owed now.

Her husband doesn't work at her firm or to my knowledge I didn't know of such. The invoice doesn't give any accounting details showing where the $15k went and why I have a balance of $2500. Can she do this? Also, I never signed anything, no contract, nothing. It was an agreement of $15K flat... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 16, 2019

You need to show that contract to a legal malpractice attorney TODAY.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: I’m 17 years of age and would like to move out of my parents home am i able to legally ?

I have a job and car

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 14, 2019

No you are a minor. You need to wait until you are 18.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Can my children dad keep my children from seeing are talking to me if I have a warrent
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 14, 2019

Until your attorney clears up the warrant and files contempt, yes.

1 Answer | Asked in Family Law and Appeals / Appellate Law for Louisiana on
Q: What If a peraon was interdicted and he is not incompetent
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 11, 2019

Then he cannot make any medical or financial decisions for himself.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Do I need a lawyer to parental terminate rights or can I file paperwork myself??

Father has not tried to contact our daughter since July of 2017.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 10, 2019

That won't do it. You can get him terminated if your husband wants to adopt, he hasn't paid child support in 6 mos, and hasn't seen his child in 6 months.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: What are the proper steps to take to move out of state with a child?

My sons father is on the birth certificate and was ordered to pay child support years ago but we don’t have a custody agreement. My son has just always lived with me and visits every other weekend or one weekend a month. What are the proper steps I need to take to be able to legally move out of... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 8, 2019

Hire a custody lawyer to send the statutory notice and represent you in requesting a hearing

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Father of child had his girlfriend fight his child's mother and then stopped seeing or contacting child for nearly

For nearly two years, can the mother of the child file for full legal and physical custody since all this happened in front of child?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 5, 2019

Yes she needs to hire a custody lawyer.

1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: Paid support from birth to 3yr but am not on birth certificate. Ex refuses to let me see or talk to son. What do I do?

I have been a part of my sons life from the beginning, I was there when he was born but didn't sign the certificate because I wasn't sure. Had DNA test done on my own and he's mine. I pay support when I'm working, I do industrial electrical so I get lay offs and down time between projects. I... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 1, 2019

You can hire a custody lawyer to file for filiation and joint custody. Then if she refuses you time with your child, you can hold her in contempt. This will also get you added to the birth certificate.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Married 10 years and have kids, my husband constantly threatens to divorce me and keep the house.

We were married for 9 years when we bought the house. The house/loan is in his name. Can he “kick” me out and keep the house?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 25, 2019

No the house is community property. You need a divorce attorney.

2 Answers | Asked in Family Law and Child Support for Louisiana on
Q: if i haven't received child support, a phone call, nothing in almost 4 years, why does the other parent still have r

Rights to my child. I want to change her last name and they are saying I can't because he still has rights for some odd reason

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 24, 2019

The only way you can change your child's name is with the other parent's consent or if your spouse adopts.

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1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Is it okay for a mother to take the father's weekend away without his permission.

No court paperwork or anything like that just a verbal agreement between the two parents

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 22, 2019

A mother's custodial rights are not superior to a father's custodial rights. Your rights are equal.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: I have sole custody father has not seen her in 1 year. Can I deny visitation? He has not lived in the same state either

In the divorce I was given sole custody with him having visitation every other weekend it has now been over a year since he has seen her. He wants to see her this weekend for two days then go back to Texas where he moved. Can I deny visitation?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 21, 2019

Do NOT deny visitation, or you can be held in contempt.

1 Answer | Asked in Child Support and Family Law for Louisiana on
Q: What support an I entitled to

Child's father and I were together for 11+ years; we have a 4 year old. We decided that I would be a stay at home mom because he did not want me to put our child in daycare. Due to no income, my car is in his name. I am with my daughter 24/7. He works off an on, but has potential income of 8-10k... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 20, 2019

$1040 to $1040 based on $8k-$10k/mo for one child plus health insurance. As soon as you throw in preschool, you will be expected to work.

1 Answer | Asked in Family Law and Child Support for Louisiana on
Q: Ex filed for tutorship for which I was never served and fled with my son to Mexico. What can I do?

She had her lawyer file stating they could not locate me, however my address is updated with the courts and we have been to court for the last 17 years 4 times this year alone. I was never served for the tutorship. We have an ongoing child support case. She took my son to Mexico in June and... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 16, 2019

You now have a Hague Convention custody case and need a custody/child support lawyer who can take a Hague case.

1 Answer | Asked in Small Claims, Divorce, Family Law and Domestic Violence for Louisiana on
Q: Breech of protection order by sale of personal effects / community property. What can be done about this issue?

I had a protection order placed on me. During the po and divorce time frame my now ex-wife sold my tools, tool box, air compressor, golf cart, boat and my father's boat. All these items value is close to 12000 US Dollars. Can I press charges on her since I could not while she had po in place? What... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 13, 2019

Protective Order on you did not prohibit her from selling your property. But a TRO against alienation against her in divorce would have. Call your divorce lawyer to file contempt.

1 Answer | Asked in Child Custody, Divorce and Family Law for Louisiana on
Q: When is custodial parent negligent?

Ex wife has custody. I have supervised visits. No other family or friends available to assist me with visits. Leaves my ex-wife to supervise or be present, and she is not willing. Therefore I have not been able to visit with my children as per judges ruling. Sept 1 she allowed me to visit her home... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 13, 2019

You are probably eligible to hire license mental health professional or law enforcement to supervise your visitation. Ask your custody attorney.

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