Louisiana Child Support Questions & Answers

Q: My children’s father has a child from a previous relationship. I am wanting to file for child support of our two

1 Answer | Asked in Child Support for Louisiana on
Answered on Feb 20, 2018

It's possible. Any preexisting order of support would be deducted from his income for purposes of calculating child support for your children.
View Details »

Q: I been separated for 2 years, I have been paying child support, she stopped me from seeing my boys . Can she stop me?

1 Answer | Asked in Child Custody and Child Support for Louisiana on
Answered on Feb 18, 2018

Your first step would be to file a Rule to Determine Custody and visitation if you haven't already done so. If she violates the court order, you could file to have her held in contempt. The judge could then punish her for refusing to allow visitation.
View Details »

Q: Can i get child support for my 3 children if am currently not working and living with my new boyfriend?

1 Answer | Asked in Child Support for Louisiana on
Answered on Feb 18, 2018

Yes, both parents owe an obligation to support their children.
View Details »

Q: Can I be put on child support without having knowledge of the court ordering me to pay

1 Answer | Asked in Child Support for Louisiana on
Answered on Feb 17, 2018

It's possible, under certain circumstances. It's important to check the suit record to determine how the custodial parent or the state claims to have served you or if they alleged you were an absentee. An attorney can review the suit record for you and advise as to your recourse if service wasn't proper. Give me a call and I'll be happy to discuss further.
View Details »

Q: I been having custody of my kids from day one and 5 years ago went through state cause the mother wasn’t paying

1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Answered on Feb 16, 2018

Based on the facts you've given, I do not believe she would be successful in such a case. First, if any of the children are under 18 and the child support obligation doesn't break the obligation down to "$XXX per month per child" then the obligation doesn't decrease as the children turn 18 or graduate. Second, if the children still lived with you, you could argue that she had a moral obligation to help support the children. Third, if the state was collecting the obligation for you, they are...
View Details »

Q: In Louisiana my daughter will be adopted by the stepfather, will child support ,back child support be ceased?

1 Answer | Asked in Adoption, Child Support and Family Law for Louisiana on
Answered on Feb 14, 2018

Yes, prospective support will be stopped but you will still owe the back child support.
View Details »

Q: I am afraid for my safety if I produce my documents via interrogatories. What can I do? Child support case.

1 Answer | Asked in Child Support and Family Law for Louisiana on
Answered on Feb 12, 2018

Your recourse would be to file for a protective order to limit the scope of the information provided in response to his discovery. Ultimately you may have to hire an attorney to prepare these pleadings for you, in that the state will not likely do it for you.
View Details »

Q: I haven't lived with my wife in over a year. If we were to file, would we still have to be separated for a year?

1 Answer | Asked in Child Support and Divorce for Louisiana on
Answered on Feb 12, 2018

No, if you've been voluntarily living separate and apart for over a year, you should be entitled to an immediate divorce. You would be the only one to contest the "voluntary" part, in that you were actively deployed and didn't have much say in the separation. Give me a call, and I'll be happy to discuss the matter with you further.
View Details »

Q: I have 2 daughters with the same father he was paying child support for both kids 1 court order and the other through

1 Answer | Asked in Child Support for Louisiana on
Answered on Feb 12, 2018

You certainly have a case to receive child support on your younger child, assuming she is still young enough. You could either file to establish support on your own or go through Support Enforcement. Of course, you know the delays involved in dealing with the state.
View Details »

Q: The mother of my two kids , is keeping them away from me. I cant call & check up on them or even call to take them.

1 Answer | Asked in Family Law, Child Custody and Child Support for Louisiana on
Answered on Feb 12, 2018

You need to file with the court to establish custody and visitation. This will get the matter in front of a judge to determine what your custody and visitation rights are. If she refuses to comply with the judgment, you can have her held in contempt and punished (fines and imprisonment, etc.). Child support can be set at the same time. Give me a call and I'll be happy to discuss the process and costs further.
View Details »

Q: How can I get assistance from a lawyer, If we haven't been separated for a year. I need to know what my rights are.

1 Answer | Asked in Child Support, Divorce and Family Law for Louisiana on
Answered on Feb 3, 2018

The simple answer is to contact an attorney that advertises that he/she handles matters involving family law (divorce, custody, and support). If you maintain custody of your child, you would be entitled to child support, which would include a portion of the extraordinary expenses associated with her disabilities. Also, since he was the sole provider, you would be entitled to spousal support. Good luck and God bless.
View Details »

Q: Child is 18 and graduated highschool. If he/she goes to college is child support required to be paid?

1 Answer | Asked in Child Support for Louisiana on
Answered on Feb 2, 2018

In Louisiana, child support is owed until a child turns 18, unless the child is still enrolled in a K-12 school. The child support would terminate at 19 regardless, unless the child suffers from a permanent impairment. Child support does not extend to college. If support is collected through the state's office of Support Enforcement Services, a call to your caseworker should be all you have to do. However, I have seen some cases that have fallen through the cracks, but in those cases, an ex...
View Details »

Q: my boyfriend pays child support but the kids have lived with us for three months what can we do?

1 Answer | Asked in Child Support for Louisiana on
Answered on Jan 31, 2018

Your boyfriend needs to file for custody of the children and to terminate the child support order against him. I'd be happy to discuss his options further; just have him give me a call.
View Details »

Q: Child Support Modification?

1 Answer | Asked in Child Support for Louisiana on
Answered on Jan 31, 2018

Yes, it is certainly reasonable to see whether a child support modification is warranted. If there is at least a 20% change in circumstances, the court will modify the child support award.
View Details »

Q: What if the father of my child isn't paying court ordered child support and keeps wanting visitation?

1 Answer | Asked in Child Custody and Child Support for Louisiana on
Answered on Jan 31, 2018

Just because a parent doesn't comply with his child support obligation doesn't eliminate his right to visitation. Your recourse is to file a rule for contempt due to his failure to pay support. Give me a call and I'll be happy to discuss further.
View Details »

Q: If the father lives in New York while I live in Louisiana, does he have to pay child support?

1 Answer | Asked in Child Support and Family Law for Louisiana on
Answered on Jan 29, 2018

You'll have to get a motion filed in nonsupport court, but yes, you can cause him to pay.
View Details »

Q: If I'm paying child support, do I have visitation rights under the child support court or do I have to get an attorney

1 Answer | Asked in Family Law and Child Support for Louisiana on
Answered on Jan 21, 2018

No, nonsupport court does not have jurisdiction to decide child custody. You'll have to file your own pleadings.
View Details »

Q: What is the 18 years old rights or action with a parent having custodial custody?

1 Answer | Asked in Child Custody and Child Support for Louisiana on
Answered on Jan 18, 2018

An 18 year old has the right to move out if he wants to. The parent paying child support would need to file to terminate the support if he does so.
View Details »

Q: My child is 16 months her daddy is a detective. He doesn't help me at all I'm struggling going to school. If I put him

1 Answer | Asked in Family Law, Child Custody and Child Support for Louisiana on
Answered on Jan 3, 2018

A lot of people are afraid that a policeman/deputy/detective may have "pull" or influence with the court and may have an advantage in a divorce or custody proceeding. However, I have not seen that be the case in my practice of 25+ years. Child support is your right to ask for, and it's his obligation to help you with the cost of raising the child he helped to bring into the world. Good luck.
View Details »

Q: If a judge sentence you to 6 months for child support can the money be paid and they release you

1 Answer | Asked in Child Support for Louisiana on
Answered on Dec 27, 2017

Yes, usually a judge includes a provision in a contempt sentence on failure to pay support that the person can "purge" him or her by paying the amount the support obligation is in arrears.
View Details »

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.