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Louisiana Questions & Answers
1 Answer | Asked in Child Support for Louisiana on
Q: I filed for child support but my child’s father Is doing his part. How do I cancel the court hearing on 8/31/2020?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 24, 2020

Contact the District Attorney. However if your child is on medicaid, paid by the state, then the decision is not up to you.

1 Answer | Asked in Child Support for Louisiana on
Q: My Mon had temporary custody of my kids and was on public assistance. I owe arrears where so my payments go?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 23, 2020

To the state to pay back the taxpayets for the public assistance to support your children.

1 Answer | Asked in Traffic Tickets for Louisiana on
Q: What do I do about a months old speeding ticket and suspended license?

I received a citation for speeding in Sept. 2019, missed my court date, and was notified by mail that I was in contempt, with my license suspended. I (foolishly) haven't done anything because I'm terrified to make the wrong move and end up in jail or with fines well beyond what I could... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 21, 2020

Hire a traffic court lawyer to get the attachment recalled and handle the ticket or you could go to jail for speeding.

1 Answer | Asked in Animal / Dog Law for Louisiana on
Q: Can i sue if i have a neighbor that falsely reported my dogs to animal control?

She told animal control that my dogs tried attacking her when they were clearly in our backyard fenced in with no breakage what so ever

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 21, 2020

Don't do it. It will escalate. This crazy neighbor may poison your dog.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: If a grandparent has had her three grandchildren(one she has full custody of) in her care for over 2 months, because

the custodial parent is in jail for a very serious crime. But now the parent in jail is wanting someone else to care for the kids, could they take them away from the grandparent that has been caring for them? Does the parent have a leg to stand on while in jail?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 21, 2020

The grandparent can file for custody of all 3 grandchildren. Hire a custody lawyer. If you don't thr parent can give all 3 kids to someone else and enforce it.

1 Answer | Asked in Child Support for Louisiana on
Q: I received FITAP in 2010 for 18 months. Can the state keep child support sent to me in 2020?

I received fitap for 13 months and the noncustodial parent didn’t pay his monthly obligation of child support. He filed taxes this year for the first time and the state withheld it and stimulus for fitap back pay. Is there anything I can do to at least keep some of it during this hard pandemic

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 20, 2020

Yes a tax refund and stimulus check can both be garnished to pay child support arrears

1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: My custody/divorced decree is in MS. Ex and child live in FL and I live in LA. Need to get visitation redone + custody.

Need to redo custody and visitation plus possible child support but I live in Louisiana and ex-wife and child live in Florida. Divorce decree was done in MS. 14year old daughter wants to live with me, my wife and her 3 sisters to grow up with them and also because her mother and boyfriend have... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 20, 2020

If your child lives in FL for at least 6 months, then you need to hire a FL custody lawyer.

1 Answer | Asked in Divorce for Louisiana on
Q: Married in 1996, left 1998 in Harris County, TX. Have not seen husband in 24yrs. I don't know where he is. I live in LA.

I want a divorce. May already be but I don't know.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 20, 2020

Hire a divorce attorney who can get a Curator appointed to get you divorced.

1 Answer | Asked in Child Custody for Louisiana on
Q: Can a 16 year old stay with her mom and boyfriend on vacation if they are not married?

They have been together a year and I have never met him. He has avoided me and I do not like the idea of her staying with someone I do not know, especially since they are not married.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 20, 2020

Sorry a minor child does not get to make moral decisions for her adult parent.

1 Answer | Asked in Criminal Law for Louisiana on
Q: What is the legal definition of assault? I looked up la rs 14:38(simple assault), but can not find a legal definition...

I need the definition according to Louisiana law....

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 20, 2020

14:36 Intentional offensive touching or placing of another personal in the reasonable apprehension of an offensive touching.

For instance intentional offensive touching can be sexual or violent or making someone believe you will offensively touch someone. Can include shaking your fist at...
Read more »

1 Answer | Asked in Business Formation and Business Law for Louisiana on
Q: In the forming of an LLC, does an equal capital contribution mean both members get 50% of the shares?

In the forming of an LLC, the OA stated the shares are valued at 1% for $300. One member was supposed to pay $15,300 for 51% and the other member $14,700 for 49%. BUT each submitted $15,000 cashier checks. Is it still 51%\49% or is it 50-50 by default?

Barbara Berschler
Barbara Berschler answered on May 20, 2020

The amount of money one contributes to a business startup does not determine the relative share of ownership by the investors. There can be other factors considered, such as time spent on project, know how, which can weigh into the computation. If you have any questions about fairness at this... Read more »

2 Answers | Asked in Adoption for Louisiana on
Q: Does the below civil code still hold true today? LA Civ Code 212, SECTION 3. ADOPTION OF ADULTS, Art. 212. Adult adop

Meaning if the adoptive parent is the spouse of the biological parent & adoptee is an adult would judicial consent be needed?

Douglas Lee Bryan
Douglas Lee Bryan answered on May 19, 2020

If the adoptive parent is the spouse of a biological parent, then judicial consent is not required.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Louisiana on
Q: Do u still have to have a hearing if you filed a motion of default?

My attorney filed a motion of default and I still had to attend the hearing for custody, alimony and division of some assests..I wasnt properly represented and he ended up not paying alimony , getting his visitation with the child unsupervised and the home which I initially purchased when we got... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 18, 2020

So your attorney filed a Preliminary Default and at the Prima Facia hearing got clobbered. Hire a new lawyer. But yes, there had to be a Prima Facia Hearing to confirm the default.

1 Answer | Asked in Traffic Tickets for Louisiana on
Q: Oncoming traffic stopping and pulling off the road for a funeral procession a Louisiana law or custom?

The statute states "pedestrians and operators of all motor vehicles shall yield the right-of-way to each vehicle participating in a funeral procession." And "However, the operator of a motor vehicle may pass a funeral procession which is traveling in the right lane of a divided... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 18, 2020

One lane in one direction, do not pass a funeral. Two or more lanes in one direction, you may pass a funeral. You must pull on to the shoulder for emergency vehicles, i.e. an ambulance, law enforcement, fire truck, no matter how many lanes there are. For a funeral you need only pull on to the... Read more »

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Can I take my daughter on vacation out of state during this covid pandemic without her mother’s permission?

We have shared joint custody and her mother is the domiciliary and the custody agreement states “the minor child shall not be removed from the state of louisiana”. We switch on Sundays for the week and I want to take her to Oklahoma to visit my family. Is this allowed? Do I need her permission?... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 18, 2020

I strongly recommend not taking your child on "vacation" out-of-state for vacation during a pandemic. Your judge and the other parent could very likely regard this as reckless and contempt.

1 Answer | Asked in Child Support for Louisiana on
Q: Child turns 18 tomorrow. Finished school last week. Graduation put off until July bcuz of covid19.

Dept of social services says have to pay support until graduation ceremony even though she passed and finished with school. Child is getting $580 week from unemployment. How is this even fair.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 18, 2020

It's not fair and I disagree. I think you have to pay child support through 31 May 2020. Then stop.

1 Answer | Asked in Traffic Tickets for Louisiana on
Q: If i receive a ticket in the mail from a speeding camera. Do i need to pay it? If i don’t, what is the repercussion?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 18, 2020

You can be arrested if you fail to pay and your driver's license can be suspended with a big fat fee to have it reinstated. If you can find a traffic court attorney to represent you, that is an alternative.

1 Answer | Asked in Family Law for Louisiana on
Q: i’m 17 and i’m ready to leave my parents custody i’m from louisiana
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 18, 2020

You are a minor and can't move out without your parents permission until you are 18.

1 Answer | Asked in Family Law for Louisiana on
Q: my friend who is 17 years old, can she move out of her mother’s home to go live with a friend if the parents allow it?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 16, 2020

17 is a minor. Friend can get arrested if friend is adult if mother doesn't sign Custody by Mandate.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Father took daughter and won't disclose location and refusing her medical care

Father of my 7 year old daughter took her from his sister's house on May 2nd and we haven't seen or heard from her since. He refuses to let me talk to her, see her or know where they are and won't bring her home. She has a cast that was scheduled to be removed and checked out this... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 16, 2020

Removing a cast is easy so I would say no, that is not grounds for emergency custody. However, you do need to hire a custody lawyer to file and get custody.

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