Child Support Legal Representation
You can’t raise a child on love alone. It takes financial support to give your child the best you can offer, from a solid education to healthy food and clean clothes. If you’ve gone through a divorce or other situation that requires child support, you want to get every penny possible to ensure a bright future for your child. Similarly, the prompt and consistent payment of child support is one way that you as a parent can assist your child in getting through the difficult times that accompany divorce and separation.
Should you be seeking more child support?
Is your ex spouse in violation of the existing support agreement?
Is your child owed support payments that never seem to arrive?
Child support is designed to take care of the child’s basic needs after a divorce. Louisiana legislature takes support issues seriously, and has created specific tables and statutes to properly determine payment amounts. These instruments take into account each parent’s income (or earning potential), as well as the cost of daycare, tuition, books, school fees, medical or dental insurance, extracurricular activities, and many other factors. It is a complicated process, to say the least; but Branton Law Firm can guide you through it.
Attorney Charles Branton has an impeccable reputation in the Greater New Orleans and Covington family law communities, and for good reason. Whether you’re paying, receiving, or negotiating child support, Charles Branton utilizes his 30+ years of legal experience dealing with child support issues to provide detailed advice every step of the way. His goal is to ensure the best possible financial arrangement for your child, while protecting your assets in the process.
Need a quick primer on child support laws in our state? Read Charles Branton’s blog post, “FAQ: How is Child Support Determined in Louisiana?”
If you have personal questions regarding child support or related issues, Contact Branton Law Firm today at (985) 807-1410 to schedule your free, confidential consultation with Charles Branton.
FREQUENTLY ASKED QUESTIONS REGARDING LOUISIANA CHILD SUPPORT
How can I find and evaluate a child support attorney?
One of the best ways to find an attorney is a referral from someone who has used the attorney. Charles Branton has been representing individuals in the St. Tammany and Washington Parish area for more than 30 years. You should look at the experience of the attorney and whether family law is the primary area of his or her practice. Looking at a retainer alone or an hourly rate by itself is not a good strategy for trying to get the best attorney to handle your case.
How is child support determined?
When you file for divorce in Louisiana, child support is normally calculated based upon each parties’ income or ability to earn income. In some instance, an angry spouse says that he or she will quit their job. This can be considered voluntary underemployment and the Court can still assess a support award. The amount of child support owed is calculated utilizing each parties’ income, the cost of health insurance for the child/children, cost of daycare or private school (if applicable) and other factors. If there is a shared custody schedule, the child support will be calculated on the basis of shared custody. If there is a joint custody order, child support will be calculated on a basis that order alone. The award of child support often affects any spousal support that the custodial parent might receive. It often can result in a situation with the amount that is ordered by the Court for the support of the child/children is not enough for the domiciliary custodial parent to raise the child/children and it may, in some instances, be too much for the non-custodial parent to pay while trying to maintain his or her own household. Child support is calculated normally in conjunction with child support guidelines. The Court may deviate from these guidelines for good cause shown.
Can I get out of paying child support by agreement?
The short answer is generally no. however, in certain situations, the Court may consider a joint agreement to waive child support if the paying parent is assuming other obligations or if there are other factors to consider.
What happens to my spousal support or child support if my ex-spouse dies?
In this unfortunate situation, the alimony or spousal support and child support will terminate upon death. In some instances the Court will order the paying spouse to provide and maintain a life insurance policy to cover that possibility.
If my former spouse stops paying child support, can I terminate visitation?
No. Child support is separate from the other parent’s ability to see his/her children. If the child support is not being paid for a legitimate reason, the appropriate remedy is to file a rule for contempt and take him/her back to court.
If he/she won’t let me see the kids, can I stop paying him/her?
No. Again, these are separate issues. The proper relief would be to take that person back to Court.