Top New Orleans, LA Child Support Lawyers Near You

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Will I Have To Pay Child Support in a Divorce?

In a divorce where the couple has children, they will have to decide how to divide the property and how to share time with the children. The child custody order can determine which parent will pay child support. In most cases, the parent with the most parenting time is usually the custodial parent. The other parent is the noncustodial parent. In general, the noncustodial parent pays child support to the custodial parent but it depends on the individual situation.

How Is Child Support Calculated in Louisiana?

The amount of child support is usually based on Louisiana child support guidelines. Child support guidelines are calculated based on several factors, including parents’ income, number of children, custody time, child care, health insurance, other child support obligations, and other expenses. Calculating child support also takes into account where the parents live and travel expenses for visitation time with the child.

Can a Lawyer Change Child Support Payments?

If a parent thinks they didn’t get enough money, they may want to increase child support payments to properly care for their child. The parent paying the money may want to reduce the child support order because they don’t think the other parent will use the money properly. If you want to modify an existing child support order, you need to show a “substantial change in circumstances.” Your child support lawyer can file a petition for a child support modification.

How Can My Lawyer Enforce Child Support?

If the supporting parent is not paying child support or only pays a portion of the support, you can enforce payment. Your family law attorney can advise you on how you can enforce child support through court orders or with help from the Louisiana child support services. Enforcement can include putting a levy on their bank account or lien on their property, garnishing wages, or taking tax refund money.

Does Child Support Affect My Taxes?

Child support payments are not tax deductible for the parent paying the support and the payments received are not considered income for the custodial parent. However, if you owe past-due child support, a taxpayer’s refunds may be reduced to pay the back child support.

What Happens if I Fail To Pay Child Support?

If you are having trouble paying child support, you can go to the court to petition to modify the support obligation. In general, you will have to show a substantial change in circumstances to get a reduction. This could include loss of your job, disabling injury, getting sent to prison, or facing a medical emergency. If you fail to make child support payments, they will continue to build. Back child support does not go away and it is not erased. Even if you go through personal bankruptcy, it will not erase child support debt. You may also have your driver’s license suspended or lose public assistance if you fail to pay child support.

When Does Child Support End?

A parent’s obligation to pay child support ends when the child reaches the age of majority. However, some states extend the age of majority obligations if the child begins attending college or other qualifying school. The parent’s child support obligations also end if the child becomes emancipated through the courts, gets married, or enters active-duty military.

Does Child Support Affect My Taxes?

Child support payments are not tax deductible for the parent paying the support and the payments received are not considered income for the custodial parent. However, if you owe past-due child support, a taxpayer’s refunds may be reduced to pay the back child support.

Can I Deny Visitation if My Ex Doesn’t Pay Support?

Child support matters and visitation rights are separate. It may not seem fair but whether or not your ex pays child support doesn’t mean you can violate the child custody order. Similarly, if your ex doesn’t let you see your child, you still have to pay support. If you want to enforce a child custody agreement or enforce child support issues, you should go to family law court instead of taking matters into your own hands. Talk to a child support attorney or law firm for legal advice about your child support case and legal issues.

When to Hire a Lawyer

It is in your best interest to get legal help early on in addressing your situation. There are times when hiring a lawyer quickly is critical to your case, such as if you are charged with a crime. It may also be in your best interest to have a lawyer review the fine print before signing legal documents. A lawyer can also help you get the compensation you deserve if you’ve suffered a serious injury. For issues where money or property is at stake, having a lawyer guide you through the complexities of the legal system can save you time, hassle, and possibly a lot of grief in the long run.

What to Expect from an Initial Consultation

• Seek to determine whether the attorney can represent you. There is no one-size-fits-all legal solution and it may turn out your needs are better served by an attorney in a different specialization.
• It’s important to find a legal ally who is both competent in the law and someone you can trust to protect your interests.
• Discuss how the practice’s billing works and discuss possible additional charges or fees that may arise during or after the resolution of your case.

An attorney consultation should provide you with enough information so that you can make an informed decision on whether to proceed with legal help.

Tips on Hiring an Experienced Lawyer with Child Support Cases

The more experienced a lawyer is in legal practice, the more likely he/she will be able to bring about a successful resolution to your issue. Since experience matters, lawyers who’ve been practicing law for many years (with a successful track record) tend to be in high demand. You should look for information about a lawyer’s experience and ask questions during the initial meeting. It’s a very good idea to ask the lawyer how many years he/she has been practicing law and the expected outcome of your case.

Common legal terms explained

Pro se – This Latin term refers to representing yourself in court instead of hiring professional legal counsel. Pro se representation can occur in either criminal or civil cases.

Statute – Refers to a law created by a legislative body. For example, the laws enacted by Congress are statutes.

Subject matter jurisdiction – Requirement that a particular court have authority to hear the claim based on the specific type of issue brought to the court. For example, the U.S. Bankruptcy Court only has subject matter jurisdiction over bankruptcy filings, therefore it does not have the authority to render binding judgment over other types of cases, such as divorce.