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Louisiana Child Support Questions & Answers
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... View 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.

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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... View 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.

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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... View 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... View 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... View 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.

1 Answer | Asked in Child Support for Louisiana on
Q: If I have lawsuit will payment be deducted although It was ordered for child support to be terminated?

It was court ordered for child support to be terminated;but the non custodial parent has not dropped the order. I have alawsuit ,is it possible for child support to be deducted although I'm not suppose to be on child support?

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

Your child support lawyer needs to make sure the child support is terminated.

1 Answer | Asked in Child Support for Louisiana on
Q: How can I get Child support if the father of my child is purposely avoiding being served for paternity?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 23, 2019

Hire a private investigator to get him served with Petition for Custody and Child Support.

1 Answer | Asked in Child Support for Louisiana on
Q: My ex is asking me to sign something saying that 500$ for 2 kids is enough in child support. he has court next week

His monthly obligation is only $399.00 because back in 2015 he lost his job. Before his monthly obligations were 800$ because that is what I agreed upon in our divorce papers. He has caught up on his back child support. And he has a good steady job. I just think that he is maybe trying to trick me... View More

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

Don't sign anything until you consult with an attorney to find out if this number is correct.

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... View 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.

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