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What is the statue of child support in Louisiana?
The statute of Child Support in Louisiana is found within many different articles comprising Louisiana Revised Statute 9:312 through 4:315:48. Within these statutes of the Revised Statutes you will find an education on how child support is set and handled.
The child support calculation statute is found at 9:315.2
The child support calculation statute is found at 9:315.2
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yes Research this one. I believe it has a morality provision in this regard, but can't find it right now. Lost the summary reference link on my computer for the state. Their… laws do not follow the same parameters as the rest of the US. They are developed based on case law reference.
Does child support automatically ends when a child turns 18 in Louisiana even if the child attends college?
Louisiana's Civil Code Article 29 specifies the age of majority as 18 years of age. Louisiana Revised Statue 9:309(C)allows for child support to be paid for a child past …the age of majority if the child is unmarried, a full time student in good standing in a secondary school, and dependent on either parent or if the child is a developmentally disabled support may be paid up to age 22 years of age. SEE LINK BELOW: Unless LA law states an exception, colleges are not considered secondary schools. So, unless the parents decree specifically included wording to allow for continuing education, the support payments would cease upon high school graduation.
No, whether they allowed them or not. Even in the 30 states that now allow them, most have a 24 month limit to learn you're not the father and file. Your best option is to fil…e for custody, as the mother is allowed to block it based on the fact that you're not the father, but she forfeits her claim if she does. The downside to that is you don't get paid back, and she can than file a retroactive child support claim against the bio dad. If you have contact with the child, you can use a simple paternity testing kit, bought off the Internet to determine if you are the father, but it is not admissible as evidence. It requires only two samples, so the mother need not know.
when child turns 18, or, if child is in high school, when child turns 19 or graduates, whichever is first
No. This is a frequent misconception and deadbeat dads often threaten this, but child support is NOT payment for rights to the child or visitation with the child. Child …support is court ordered payment by one parent to the other for the care of the child. In other words, it is the court demanding that a parent fulfill his parental responsibilities, which are required by law. It is irrelevant if he gives up his rights. It doesn't matter if he never wants to see his kids again. If paternity has been established, he still will owe child support in an amount that is based on what he can pay, the child's needs, what money you have and the standard of living the child is used to. And if he is unemployed, a judge will order that he get a job.
Yes if you get about the same amount of hours overtime every check, but they can't touch any expense check's such as milage or predem.
There is no statue of limitations for criminal offenses, only civil. This qualifies as a criminal case, therefore the statue of limitations does not apply.
Unless the judge ordered differently, child support in Louisiana is to be paid until the child reaches the age of 18, or sometimes older if still in school.
In most States, there is no statute of limitations on child support arrears.
The answer to this question will depend on whether there is an existing case between the father and mother that has already set child support in the past. If there has been no… previous setting of child support, the parent requesting the support needs to file a petition and RULE NISI requesting an initial setting for child support. Attached to the petition should be an order requesting the defendant to show cause why child support should not be set. The court in which the petition is filed should have proper venue and jurisdiction. The court will set a hearing date based on this petition. When the hearing date arrives, the financial information from both parties will be used to determine child support. If a child support setting has already been made in a previous case, the court is going to require that there be a change in circumstances of one of the parents in order to be able to modify or reduce the amount of support. If there is an existing judgment of support, the party wanting to modify the support order is to file a motion for a modification of support. An order should be attached to the motion. Once the defendant is served and the court has set a date, the court will hear both sides arguments as to why support should or should not be modified. Warning Setting Child Support is much more complicated than it seems. A good family law attorney will be able to walk a client through the minefield of child support issues. If the child support amount is to high or too low, only a family law attorney will be able to recognize it. No one wants to over or underpay. Don't be that person who is paying or losing several thousand dollars a year because you decided to use a inexpensive attorney or attempted to practice the law yourself. In Addition, any statements provided within this answer are not intended as legal advice. The situation of your case is fact dependent. As a result, legal counsel should be consulted regarding your specific legal issue.
Child support ends when the child reaches the age of majority (18). See Louisiana Revised Statute 9:315.22 A. When there is a child support award in a specific amount per c…hild, the award for each child shall terminate automatically without any action by the obligor upon each child's attaining the age of majority, or upon emancipation relieving the child of the disabilities attached to minority. B. When there is a child support award in globo for two or more children, the award shall terminate automatically and without any action by the obligor when the youngest child for whose benefit the award was made attains the age of majority or is emancipated relieving the child of the disabilities attached to minority. C. An award of child support continues with respect to any unmarried child who attains the age of majority, or to a child who is emancipated relieving the child of the disabilities attached to minority, as long as the child is a full-time student in good standing in a secondary school or its equivalent, has not attained the age of nineteen, and is dependent upon either parent. Either the primary domiciliary parent or the major or emancipated child is the proper party to enforce an award of child support pursuant to this Subsection. D. An award of child support continues with respect to any child who has a developmental disability, as defined in R.S. 28:451.2, until he attains the age of twenty-two, as long as the child is a full-time student in a secondary school. The primary domiciliary parent or legal guardian is the proper party to enforce an award of child support pursuant to this Subsection.
If a father signs over his rights to the child in the state of Louisiana does he still have to pay child support?
Only if he owes back child support. This can be written in the agreement that all arrears be terminated and his rights will be to the child if he signs.
In Louisiana you pay child support until the child is 18 or 19 years of age. If the child is still in high school at the time when he or she turns 18, you would pay until …the child is 19 and out of school.
Yes. There is no statute of limitations on collecting past-due child support. Keep in mind that he might not have any money.
Yes, as can spousal support and federal tax arrears.
No. SS benefits and public assistance funds are still subject to child support enforcement.
Generally, the obligation ends when the child reaches 18 years of age unless the child is still in high school - in which case the support ends upon the child's graduation fro…m high school, or the child's 19th birthday, whichever occurs first. Child support may continue past that time if the child is disabled and only by court order.