Louisiana Questions & Answers

Q: My parents co-own a homer in Louisiana for five years..I have lived in that home

1 Answer | Asked in Elder Law, Family Law, Domestic Violence and Real Estate Law for Louisiana on
Answered on Aug 19, 2017

This is not a problem that a quick, online answer can do any good.

First, contact these listed Super Lawyers, to get someone to advise you. Some issues you raise are possibly not something you can prevent. http://attorneys.superlawyers.com/elder-law/louisiana/new-orleans/
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Q: My car was hit from behind, declared the other persons fault. I have no insurance.

2 Answers | Asked in Car Accidents and Personal Injury for Louisiana on
Answered on Aug 18, 2017

Look at Super Lawyers for a local attorney, who handles car accidents.

http://attorneys.superlawyers.com/motor-vehicle-accidents/louisiana/

Call up and talk. These attorneys make their livings helping people like you and your family.
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Q: My step son will be 18 in four months and my husband i pay child support does it end once he makes 18, he has graduated

1 Answer | Asked in Child Support for Louisiana on
Answered on Aug 16, 2017

Yes, under the circumstances, his child support would end on his 18th birthday unless he has a physical or mental infirmity.
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Q: 2 yrs. ago my husband got a DUI in VA his license is WV. We reside in LA he got the dui shortly after we moved.

1 Answer | Asked in DUI / DWI for Louisiana on
Answered on Aug 16, 2017

Drivers' license laws are not made to adjust to good conduct later. They are mechanically enforced.

Because driving is not a RIGHT, but a PRIVILEGE, he will not enjoy the privilege of having a license until he reinstates the right to drive.
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Q: when my father died should i have got a part of his life insurance, part of his assets, and part of his house?

2 Answers | Asked in Adoption, Civil Rights, Estate Planning and Family Law for Louisiana on
Answered on Aug 14, 2017

In Louisiana, if a person dies without a will and leaves children, then the children inherit his estate, subject to a usufruct (right of use) in favor his surviving spouse until her death or remarriage. His succession would have been filed in court in the parish of residence at the time of his death; therefore, you should be able to determine by calling the clerk of court whether (1) a succession was ever opened on him, and (2) whether he had a will. His will, if he had one, would have to...
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Q: Is there any such thing as "the bare minimum" in child support payments? My boyfriend's ex keeps telling his kids that.

1 Answer | Asked in Divorce and Child Support for Louisiana on
Answered on Aug 14, 2017

The lowest child support payment under the child support guidelines is 100 per month, however this can be deviated from if the parties entered into a consent judgment. Also, a party can file a motion to modify child support if they can show a material change in circumstances.
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Q: If I have a notarized agreement that I see my son every other weekend and and she won't let me get him what do I do?

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Answered on Aug 11, 2017

An agreement that is not reduced to a signed judgment is not enforceable by a court. I strongly recommend that you speak with an attorney that handles family law matters. Give me a call toll-free at (866) 368-4279 and I'll be happy to discuss this with you further.
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Q: If I am scratched by someone, can they give staph infection. And who is at fault for giving infection if affects my work

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Louisiana on
Answered on Aug 8, 2017

Contact an attorney who handles workers compensation. Its possible this could also be what is called an occupational disease claim. You may have short term disability at work and want to check that out.
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Q: 16 year old boy rights when mother hasn't raised him but his dad died and she is now forcing him to move out of state.

1 Answer | Asked in Family Law and Juvenile Law for Louisiana on
Answered on Aug 6, 2017

The grandparents need to file for custody if they haven't already. While a parent's right to custody of their child is paramount in Louisiana, the child's safety and stability are what's most important. Therefore, there will be situations where custody will be awarded to non-parents, such as grandparents, and the scenario you are describing sounds like a prime example. Give me a call at (866) Doug-Bryan (866-368-4279), and I'll be happy to discuss this with you further.
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Q: I broke my arm at work .Faulty safety equipment . now the casino doesn't want to even cover Dr.bills .what can I do?

1 Answer | Asked in Personal Injury and Workers' Compensation for Louisiana on
Answered on Aug 4, 2017

You have a worker's compensation to pursue. Typically, fault does not matter on worker's compensation cases. Louisiana has some fairly strict procedures and timing requirements. Do not wait any longer to consult with a local attorney. Hopefully, the employer carried the required worker's compensation coverage. Good luck.
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Q: My daughter is renting my apartment. She has had the lights turned off due to non-payment. Can I rent to someone else?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Louisiana on
Answered on Aug 3, 2017

Utility company will very well track/know there is a balance. Sometimes, different companies set up landlord accounts, but they are commercial accounts and sometimes, beginning deposit a bit higher. I would bet the balance will need to be paid before utility company releases the account/meter to a new tenant. It will have to be included in the amount that your daughter owes you, in so long as your rental agreement includes utility charges.
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Q: In our divorce papers my ex husband gave the title of the house to me, but i did not assume the mortgage. Who owns it?

2 Answers | Asked in Real Estate Law for Louisiana on
Answered on Jul 28, 2017

Until your husband executes a deed to the property and conveys title to the house to you, nothing changed as to ownership of the house.
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Q: I'm going to be joining the army and my husband has been convicted of a felony will he be able to be on base with me?

1 Answer | Asked in Contracts, Employment Law and Military Law for Louisiana on
Answered on Jul 27, 2017

Yes, however if it deals with a sexual offense or abuse of children - they may not allow him. It's generally in the garrison commander's discretion.
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Q: Entergy cut down 2 of my trees on my property without my consent. Should they have obtained my consent prior to cutting?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Louisiana on
Answered on Jul 18, 2017

Normally, yes. Funny to see this question pop up, as Investigative Journalist, Lee Zurik, just did a piece on a Parish Government doing something similar (Plaquemines, I believe). Caveats come into play, if there is a prior servitude in Entergy's favor, if a survey actually designates the tree as outside of your property line, or if there was local government involvement and there was some dire, "public need" for removal. But, in that last scenario, the local government should 1) hopefully,...
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Q: what rights does a person have if her boyfriend tells her to be out in 2 days and she been living with him 2 years plus

1 Answer | Asked in Landlord - Tenant and Family Law for Louisiana on
Answered on Jul 16, 2017

Unfortunately, if he owns the home, she has no real title right to enforce. Same end result, if she is not shown as a lessee on the lease. I would recommend trying to work out a do-able schedule for leaving and being done with the situation.
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Q: My belongings were stolen from a storage I was renting, what type of legal action can I take ?

1 Answer | Asked in Small Claims, Landlord - Tenant and Consumer Law for Louisiana on
Answered on Jul 16, 2017

First, I am very sorry to hear of your circumstances. My condolences to your family during such a difficult time. As to the storage facility, the lease you signed will govern your available remedies. Most, contain waivers and require you to sign a waiver releasing the facility from liability. But, certain circumstances may be able to overcome that, if they broke one of their obligations, i.e. did a gate malfunction? lack of security when promised? Also, sometimes homeowner's and renter's...
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Q: My daughter is married, has a child and living in Alaska. Do I owe child support or back pay to the custodial parent

1 Answer | Asked in Child Support for Louisiana on
Answered on Jul 11, 2017

A claim for collection of back-due child support has a prescriptive period (or statute of limitations) of ten years from the date of last payment on the obligation. ( See La. C.C. art. 3501.1). Therefore, the custodial parent would need to file suit to collect the arrearage within that time frame.
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Q: if my son is 17 and not in school are in a trade school does child support end?

1 Answer | Asked in Child Support for Louisiana on
Answered on Jul 8, 2017

No, child support would continue until he is 18. If he is no longer living with you, however, the non-custodial parent, or the custodian of the child, can file to have the support terminated with you and paid to the custodian.
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Q: When my son turns 18, will he still be able to collect child support from his father if he attends college?

1 Answer | Asked in Child Support for Louisiana on
Answered on Jul 7, 2017

In Louisiana, child support generally ends when the child turns 18, or 19 if the child is still a full-time high school student. Therefore, once he turns 18 and has completed high school, the support would end.
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Q: Can a parent still be responsible for paying child support if the child attends college? Will I need a lawyer for this?

1 Answer | Asked in Child Support for Louisiana on
Answered on Jul 7, 2017

Child support is only owed until the child turns 18, or 19 if the child is still a full time Jr. or high school student. There are limited circumstances where support can be owed thereafter if the child is physically or mentally handicapped. Therefore, the child would either have to be handicapped or attending college while under the age of 18 for support to still be owed.
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