Lawyers, Answer Questions  & Get Points Log In
Louisiana Child Support Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law, Child Support, Divorce and Family Law for Louisiana on
Q: My husband and I have a covenant marriage. He abandoned me and our three kids in September. I would like to divorce.

There is evidence of adultery. Can an immediate divorce be granted being we have a covenant marriage? What steps can I take right now to ensure my kids and I are ok? He left me with a ton of financial debt and refused often to pay the arrangements we set.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 7, 2019

You can hire a divorce attorney to file immediately.

1 Answer | Asked in Child Support for Louisiana on
Q: Can ex husband stop child support on his own?

Husband wants to file uncontested divorce and we have agreed to a child support figure and added it to the paperwork, will he be able to just stop the payments on his own for any reason after everything has been signed and filed by judge?

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

No. Once it is signed by a judge, it is a court order and enforceable by contempt.

1 Answer | Asked in Child Support and Family Law for Louisiana on
Q: If children no longer live in the state of Louisiana, is the child support agreement still valid?

The Children moved to Alabama with their mother at the end of August. Both parents involved in the agreement no longer live in Louisiana either. The children's mother just requested an increase in payments. If no one is still living in the state, would this agreement still be valid?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 30, 2019

Agreement still valid. But if he doesn't consent to her move, a lawyer can dispute that as well.

1 Answer | Asked in Child Support for Louisiana on
Q: Have someone wanting to get a DNA test on me, the child turns 18 December the 19th, state of Louisiana saying they can.

Get back time child support on him all the way back to 2013 since the DNA paperwork was filed in 2013 an because they have been trying to find me since then, I never knew the child was born till two days ago. Is this true?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 23, 2019

You already asked this question. Get a consultation appointment with a child support lawyer.

1 Answer | Asked in Child Support for Louisiana on
Q: The state of Louisiana is saying they can get back support on him since the papers was Issued in 2013 but they never

Served me with any papers till 2 days ago and the child is now 18, can they get back time support from on him? The only papers they served was for a DNA test, not support.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 23, 2019

So make a consultation appointment with a child support attorney who can look at the pleadings.

1 Answer | Asked in Child Support for Louisiana on
Q: Not knowing you had a child with someone an after 19 years you get papers for DNA test can they get back child support

I never Knew they had the child till I got papers served for a DNA test. Witch I have not got to take yet.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 23, 2019

You are not liable for child support if the child is now 19 if the child us not disabled.

1 Answer | Asked in Criminal Law, Child Custody, Child Support and Wrongful Death for Louisiana on
Q: Is Filiation and Paternity the same thing? Also is there a peremption period to establish paternity after death?

Louisiana Vital Records require a court ordered Judgment of Paternity to amend / add a father. My father has been deceased since April 1991 and it is now Nov 2019. Is there peremption period that could cause my case to be dismissed?

My father legitimated and became my presumed father. I... Read more »

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

Filiation and paternity are the same thing. If you were acknowledged or legitimated, your attorney should be able to obtain a Judgment of Paternity and ordering Vital Records to add his name to your birth certificate. However, how could this matter 28 years after his death?

1 Answer | Asked in Child Support for Louisiana on
Q: My daughter turned 18 in. She is still in high school. She will be graduating in May 2020. When will child support end
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 21, 2019

Child support ends when she turns 19 or graduates from high school, whichever comes first.

2 Answers | Asked in Child Support for Louisiana on
Q: Can child support be dropped through the state if both parents agree?

If child support is court ordered to be paid through the state, if both parents agreed, could it be stopped being paid through the state and just be paid directly to the custodial parent?

Douglas Lee Bryan
Douglas Lee Bryan answered on Nov 18, 2019

Usually this can be done, as long as the state is not a party in interest. Sometimes the state has an interest if the children are receiving public assistance.

View More Answers

2 Answers | Asked in Child Custody and Child Support for Louisiana on
Q: Can grandparents raising grandchildren get child support from the parents of the children?

We are caring for our two grandsons who are 11 and 5. The 5 yr old is severely disabled as he is deaf, has cerebral palsy, is on the autism spectrum,is not potty trained, has Klinefelters and a few other diagnoses. Mom is in a sober living home and dad has moved to California. The only support we... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 15, 2019

First you need a custody Judgment. Then you can seek support from both parents.

View More Answers

1 Answer | Asked in Family Law and Child Support for Louisiana on
Q: Could I send him a pic of the letter on social media?

My daughter's dad filed for a child support modification over the summer this year. He did not show up to the hearing so there were no changes made to the child support order. Since then, I have had to add my daughter to my health insurance and enroll her in before/after school care. I filed for a... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 11, 2019

Nope social media not enough. Try certified mail, fax to his work, AND email him. Then print all and bring to court.

1 Answer | Asked in Child Custody and Child Support for Louisiana on
Q: I have been paying child support for the last few years now but not sure if he is really mine or not .

I have been paying child support for the last few years now but I'm not sure if he is really mine or not . I am not on the birth certificate and we have never gotten a DNA because she will not do it. Can the courts make sure do a DNA? If it turns out not to be my child can my child support and... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 7, 2019

If you have unsupervised visitation, pick up a DNA test at CVS, Walgreens or online. If not, then hire a custody attorney to get a judge to order one.

1 Answer | Asked in Child Support for Louisiana on
Q: Which Louisiana statute indicates arrears can only be collected 10 years back? I’m trying to settle via lump sum ?

The DA is dating back to the divorce date 14 years ago?

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

LCCP 3501.1 hire an attorney.

1 Answer | Asked in Family Law and Child Support for Louisiana on
Q: I've been paying child support for 16 years via wage garnishments of 60% and my total tax refunds.

Can I file for a lump sum settlement or have it reduced? I read that the statue of limitations is 10 years for paying arrears for the state of Louisiana. I am barely surviving financially.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 4, 2019

Child support should not exceed 50% of your gross. The recipient has 10 years to get a Judgment of arrears. Then that Judgment needs to be renewed every 10 years.

1 Answer | Asked in Child Support for Louisiana on
Q: I owe $42k in La child support arrears What help can I get to reduce this?

One son is 33 and the other is deceased I live in Ca my federal return and wages are being garnished do I need an attorney in Louisiana or Cali

There was a large amount 10 years of time after the order that I was homeless with no income

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 4, 2019

Unfortunately with one child deceased and one aged out, your time to get a decrease has passed.

1 Answer | Asked in Child Support for Louisiana on
Q: I am owed $26K in child support, with a court ordered judgement. What kind is settlements/judgments can be seized?

My children are now adults, but I do currently have a child support judgement against my ex husband. I do not anticipate he will ever voluntarily pay. What types of settlements or inheritances can be seized to satisfy the judgement? Do seized settlements include real estate insurance claims, car... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 2, 2019

It can be all of the windfalls you name if you find out before he receives the check. Hire a child support lawyer to freeze the funds. Make sure you have a certified copy of the Judgment of arrears.

1 Answer | Asked in Child Support for Louisiana on
Q: I have a set of 8 month old twins and can not afford daycare will I have to pay child support
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 30, 2019

Yes. If you make children, you have to support them

1 Answer | Asked in Child Support for Louisiana on
Q: What is a notice of right to request to request a review
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 28, 2019

You don't provide enough information. I am guessing that a Hearing Officer ordered child support and the payor is requesting a hearing with the Judge.

1 Answer | Asked in Child Support for Louisiana on
Q: Mother (custodial parent) agrees to release father from court ordered child support and arrears.

Father is regularly unemployed or underemployed but effectively supports both children directly, without all funds being sent through the system. It is a mutual agreement that child support be stopped. How do we get this done?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 28, 2019

Have a child support attorney to prepare a Consent Judgment.

1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: Mother of child wants to change everything now, including less time for me with child. Is she legally able to do this

Things have been fine since we did our initial custody/child support agreement 5 years ago. She now wants more money and much more time with her. Can she legally keep me from seeing our daughter? Said I will be served soon. What steps can I take to ensure things stay the same?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 26, 2019

HIRE A CUSTODY LAWYER! Put together a calendar of every night you have had your daughter since 1 Jan. Gather 3 tax returns and 3 paycheck stubs.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.