Louisiana Questions & Answers

Q: Hi I got a ticket I was in a car accident it says it was code C. O. M. V. Can you please tell me what does mean?

2 Answers | Asked in Car Accidents and Traffic Tickets for Louisiana on
Answered on Jun 23, 2017

It's Careless Operation of a Motor Vehicle. You will need to call the clerk with the telephone number listed on the ticket to determine the amount of the fine associated with the citation.
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Q: Does any of the parties have to pay child support if one child stays with the mother and one with the father.

1 Answer | Asked in Child Support and Divorce for Louisiana on
Answered on Jun 19, 2017

Under Louisiana's child support guidelines, if one parent makes more money than the other parent, the one making more would end up paying the one making less a reduced amount.
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Q: Its my husbands weekend with his kids. The mother refused to give the kids how do we get a civil warrant for lost time?

1 Answer | Asked in Family Law for Louisiana on
Answered on Jun 19, 2017

Your husband needs to file a Rule for Contempt. The court can order that she allow him make up time as part of her punishment for contempt. He would also be entitled to attorney fees and court costs due to the necessity of having to bring the matter to court.
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Q: im the primary parent of my child...today she go with her mother..she is 13 years old and dont want to go anymore..

1 Answer | Asked in Child Custody for Louisiana on
Answered on Jun 19, 2017

If there is a valid judgment setting forth the visitation, then you have to comply with the judgment, unless to do so would be placing the child in danger. Just because a child doesn't want to see the other parent doesn't mean she doesn't have to go. If there's some reason to modify the visitation, you would need to file with the court to do so.
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Q: Can I sue the company for lying ab my ex working there to keep from taking out child support?

1 Answer | Asked in Child Support for Louisiana on
Answered on Jun 19, 2017

Yes you can get a judgment against an employer who lies or refuses to hold out child support if he was served with a valid income assignment order. Let your attorney or the State child support worker if this is the case, and they will know what to do to help you.
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Q: Divorce with no marital assets

1 Answer | Asked in Divorce for Louisiana on
Answered on Jun 12, 2017

Sounds like you're asking about two different issues:

Regarding the divorce, if the only issue is a divorce without dealing with any ancillary issues (i.e. custody, support, or community property), many attorneys will handle this for a low fee + court costs. Give me a call and I'll be happy to discuss further.

Regarding the debt, any debt incurred during the marriage by either party is assumed to be community. There are some limited exceptions, which I will not go into here....
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Q: me and my sons father are trying him living with him for just a year. hes leagaly ordered to pay CS. Does that change?

1 Answer | Asked in Family Law for Louisiana on
Answered on Jun 9, 2017

It does not automatically change. However, he could file to have the child support terminated, and he can file to receive child support from you.
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Q: Lose child support for losing job? (Custodial parent)

1 Answer | Asked in Child Custody and Child Support for Louisiana on
Answered on Jun 9, 2017

They are either bluffing you or dumber than a sack of rocks.
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Q: Home was left to3 siblings can 1sibling Force the other 2 to sell house in order to split the money

1 Answer | Asked in Family Law, Probate and Real Estate Law for Louisiana on
Answered on Jun 8, 2017

If there are multiple owners of property and one no longer desires to be a co-owner then he can file to partition the property. Usually, the property would be divided equally between the parties. If this is not feasible, then the judge has the power to either order that it be sold at a private sale (i.e. listed with a realtor) or sold at a sheriff's sale.
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Q: Im paying child support to my daughters older brother who had custody, shouldnt her mom have to pay also?

1 Answer | Asked in Child Support for Louisiana on
Answered on Jun 5, 2017

You both would owe for child support. It is up to the custodian to take the individual parties to court, and the court would only make each party pay his or her individual share. In other words, what you are ordered to pay is for your portion of the obligation, not the mother's also.
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Q: If I was currently required to pay for daycare, and child no longer attends. Do I still have to pay?

1 Answer | Asked in Child Custody and Child Support for Louisiana on
Answered on May 31, 2017

You only have to pay your proportion of daycare actual expenses. Just adjust your check accordingly. No modification required.
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Q: My son Fathers doesn't hold a job and his wife supports him 100% should she be ordered to pay his support

1 Answer | Asked in Family Law and Child Support for Louisiana on
Answered on May 30, 2017

Since the child is his obligation, his wife can't be ordered to pay the support for him. However, if they are married and don't have a prenuptual agreement, her income is community property. That means that up to 50% of her income can be garnished to pay for his back child support obligation. Give me call and I'll be happy to discuss this further and let you know how I can help you collect.
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Q: Is a dentist required to replace a crown (free of charge) if a patient is allergic to the non precious metal material?

1 Answer | Asked in Medical Malpractice for Louisiana on
Answered on May 29, 2017

If you didn't tell the dentist I don't know that they had a duty to investigate. You may have a claim however, and should contact a member of the Louisiana Assn for Justice who handles medical cases. They give free consults. They would likely not take the case but suggest how you approach it. Start by getting an estimate and see if the dentist will pay for it.
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Q: I am getting a divorce. My wife requests restoration of her maiden name. They kicked the Affidavit back citing CCP 3947.

1 Answer | Asked in Divorce for Louisiana on
Answered on May 27, 2017

La. CCP Art. 3947(B) states:

B. The court may enter an order confirming the name of a married woman in a divorce proceeding, whether she is the plaintiff or defendant, which confirmation shall be limited to the name which she was using at the time of the marriage, or the name of her minor children, or her maiden name, without complying with the provisions of R.S. 13:4751 through 4755. This Article shall not be construed to allow her to amend her birth certificate with the Bureau of...
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Q: My parents left a will me in sister inherit house brother want leave but not in will

1 Answer | Asked in Estate Planning for Louisiana on
Answered on May 24, 2017

Strictly paying utility bills does not give one a right to stay in the house. You would need to open a succession and have the will probated. Once the succession is complete and you and your sister are placed in legal possession of the property, you can file to have your brother evicted. Give me a call, and I'll be happy to discuss this further with you.
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Q: I was never court ordered to pay child support and my son is now 12 and coming live with me. His mother now wants child

1 Answer | Asked in Child Support for Louisiana on
Answered on May 23, 2017

No, in Louisiana, one can only collect child support from the date of judicial demand. Therefore, she would have to have a judgment requiring that you pay child support to collect back support.
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Q: i need to know what this title 23 entails for me to get workers compensation for my home improvement business.

1 Answer | Asked in Business Formation, Business Law and Workers' Compensation for Louisiana on
Answered on May 22, 2017

The state licensing board wants to see that you are qualified (its test requirement) and have some, limited assets - including the financial starting funds and insurance policies -- to protect not only any workers that you hire (or that are uninsured), but also any third person that might be harmed from your work. The General liability and workers' compensation policies also protect you in the event of such claim/suit. You should call an insurance agent and inquire about starting prices for...
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Q: What can I do if my ex won't let me see my son I'm 16?

1 Answer | Asked in Child Custody for Louisiana on
Answered on May 22, 2017

You should file a rule to establish custody and visitation if you have not yet gone to court to determine your rights. If you already have a judgment giving you court ordered visitation, you should file a rule for contempt.
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Q: how much time has to pass with my daughters father abandoning her before his rights are forfeit?

1 Answer | Asked in Family Law for Louisiana on
Answered on May 22, 2017

A parent's rights are not automatically terminated under Louisiana law. However, one's parental rights can usually be terminated under two scenarios: first, by the state in a "child in need of care" proceeding when the parent either has committed a crime where the child is the victim (ie. molestation, rape, etc.) or has failed to work the state's reunification plan; or second, in an adoption proceeding where the parent has either failed to communicate with the child without just cause or has...
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Q: My father had a will leaving me(hisonlyson) his property. Just before he died he changed it to 75% to his girlfriend.

1 Answer | Asked in Family Law, Real Estate Law and Probate for Louisiana on
Answered on May 19, 2017

There are a few variables here - first is the will even valid? Only two forms of wills are permissible under Louisiana law and the form must be strictly followed. If the will was invalid and he was not married, an intestate (without a will) succession could result in the property going to you, the only descendant, by operation of law. If the will is valid, there are still ways to contest, but it is difficult. Generally, a notarial will is self-proving but can still be overcome, if you can...
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