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Louisiana Family Law Questions & 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 Family Law and Child Custody for Louisiana on
Q: My daughter is with my sister without my permission. I want my daughter back but my sister is fighting me on it.

My daughter was in the care of my mother at the time. She allowed my daughter to visit my sister in Louisiana. But now my sister will not let me have her back.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 10, 2019

You have not explained why your daughter was in your mother's care. If there was no court order granting custody to your mother, then you should just be able to show up at your sister's home and call the police. If there is a prior custody order, then you need to hire a custody lawyer in the same... Read more »

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Can the mother deny me from keeping or seeing my grandson when he lived wit me for last year and a half and was primary

Caregiver

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

Yes the parent can deny you access. Consult with a custody lawyer and find out if you have "standing" to seek visitation.

2 Answers | Asked in Family Law for Louisiana on
Q: How can a Father establish paternity,voluntarily pay child support, and establish visitation.
Douglas Lee Bryan
Douglas Lee Bryan answered on Nov 7, 2019

An attorney who handles family law (custody/visitation) can help you with this.

View More Answers

1 Answer | Asked in Family Law for Louisiana on
Q: How can I get my visitation agreement adjusted?

My children’s father recently took me to court to seek custody 50/50. It was granted to him. Since then my oldest who is 10 has started to struggle in school, he’s usually tested for gifted every year and now he’s barely passing. During his last parent teacher conference which dad... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 6, 2019

It may be enough. Put everything on a calendar. Then have your custody lawyer depose the teachers.

1 Answer | Asked in Family Law for Louisiana on
Q: What is form and content? Why do I have to go but ex doesn’t

Court was in July. Ex is not following judgment as agreed upon. Not in writing but was stated effective immediately

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

Your question implies that the Court verbally issued a Judgment in open court. The Judgment was reduced to writing but you or your attorney has not yet signed. Doesn't matter, the Court Reporter recorded it and that can be a binding judgment. Call your lawyer or hire one.

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 Family Law for Louisiana on
Q: How easy it for the biological father to sign over rights if hes on the birth certificate?

The father has asked to have his rights signed over so i can have my sons name changed back to mine if i drop child support. He has not seen or asked about the child in over 14 months

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

He can only sign over his rights if you have a subsequent husband who wants to adopt the child.

1 Answer | Asked in Family Law for Louisiana on
Q: The school called CPS saying I abused my daughter and I did not they came over to our apt question my daughter

She told them that she had scratch herself accidentally and the bump on her head was from her and her sister and friends playing and fell down

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 27, 2019

You shoUK ld consult with a juvenile court lawyer. CPS has already opened a file on you.

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 Family Law for Louisiana on
Q: what exact state statue says a curator named in an interdiction has the right and legal ability to sign documents?

can the curator sign legal documents on behalf of the interdicted? I need the law that says this is a right or responsibility

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

A Curator can sign documents on behalf of an Interdict if it is a Financial Interdiction or Medical Interdiction, depending on the type and duration of the Interdiction. Call the lawyer who did the Interdiction.

1 Answer | Asked in Family Law for Louisiana on
Q: How do I find out how a judgement was paid to my minor kids in a case involving their non custodial father?

My ex received a judgement of 400,000 and 40,000 was awarded to his minor non custodial kids. How do I find out who the check was written to or if it is in a trust account for them. My ex will not give me nor the kids any information. If he has spent it, is there a way to hold him accountable?

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

Hire a child support attorney who can get that information for you.

1 Answer | Asked in Family Law for Louisiana on
Q: In Sept 2018 if both married but separated parents agree newborns surname would be the mothers married maiden name.

.

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

Child can be named after mother or father or combination of both. any subsequent changes have to be agreed to by both and signed by a Judge.

1 Answer | Asked in Family Law for Louisiana on
Q: Ex received 400,000 workmans comp settlement and non custodial kids received 40,000. Where does kids share go?

I just want to know if my kids( I am custodian mother) portion should have gone in a trust for my minor kids.

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

It should go to you.

1 Answer | Asked in Family Law for Louisiana on
Q: Barring a court order, is it legal for a father to come from out of state and relocate kids to another state?

The parents have never been to court over custody of kids, besides child support almost ten years ago. After being released from prison in LA, the father moved to IN. The mother has been primary caretaker since the kids were born. The mother had to go out of state for work last year and left the... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 21, 2019

1) Hire a custody lawyer,

2) who can prepare an objection to relocation,

3) who can also prepare a Petition for Ex Parte Custody, Custody, and Child Support.

Hurry you only have 30 days for some of this after the kids are relocated.

1 Answer | Asked in Family Law for Louisiana on
Q: If I find out my son isn’t my biological child after 11 years of paying CS, will I have to continue CS in Louisiana?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 21, 2019

Yes until you file a Petition to Disavow and get a signed Judgment. But of course, this cuts off your visitation/custody also.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: My son's father decided to move out of state a year ago. He has maybe sent 200$ child support the whole year.

He is now threatening me about getting custody of my son. My son has lived with me since birth! He can't prove me unfit.... Any advice??

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 21, 2019

1) Go to the D.A.'s office and open a child Support Enforcement case,

2) hire a custody lawyer if you are served with anything,

3) file for custody, before you give him visitation, if you don't have a custody judgment.

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 and... Read 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.

1 Answer | Asked in Family Law and Child Support for Louisiana on
Q: What if after 2 years divorce wasn't finalized what happens with child support and interim spousal support?

Child's father went filed a 102 divorce in August of 17 judge signed in Sept 17 they had a hearing in Oct 17 so that he doesn't have to pay much child support to my child. Him and his wife never separated nor did they finalized their divorce yet its been two years since all of this has happened. He... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 18, 2019

You need to consult with a child support attorney because your question is very confusing. Subsequent child support orders do not affect the earlier child support order.

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