Legal Question in Family Law in Louisiana
Chiild Support
My daughter from a a previous relationship is 17 yrs. old. She has moved (kicked out) out of her mothers house in June of 2004. She moved in w/a boyfirend and is engaged. At that time I quit paying her mother child support ($275) a month. Her mother and step dad said she would not receive a cent of child support that I sent after her moving out. I do not want to support them, I want to give my daughter the funds. What are my options in this scenario? They reside in Louisiana and I resdie in Missouri. The child support order is in Louisiana and goes through her 18th brithday (Sept. 2005). I have just recieved a demand letter to pay the child support that I quit paying when my daughter moved.
Also there is a bill for therapy for my daughter. The therapy was done by a church peron who is not legally a therapist. I refused to pay that bill because I do not agree w/someone using bible scriptures for personal therapy. I would gladly pay for a certified therapist to see my daughter.
2 Answers from Attorneys
Re: Chiild Support
You are obligated to pay according to the judgment in place until that judgment is changed. Therefore, you should pay your child's mother and get the judgment modified OR ask the court to modify the judgment so you can pay ALL of the support since your child moved out directly to the child. As for the therapy bill, the judgment would determine whether you pay or not.
Re: Chiild Support
Dear LawGuru Freind,
Can't say Nick is wrong. However, I would advise my client to fight against whoever it is that is pursuing him for child support. Common sense says you should not pay support to someone who says he or she is not going to use it for the child's benefit. The law is not stupid! Yes, you owe it, but I'd make them make me pay it. Now that is how I would advise my client. But you are not my client, so I am not advising you to do that. I would size up my client and know just how good a fight he could give to the person or persons seeking to make him comply with the Judgment. Yes, you should get the Judgment changed to avoid all of the problems you might encounter if you just refuse to throw away money to your x-wife and her new man. Again, this is not the legal way to handle it, but the practical way; and the smart way, I think. Take ten different lawyers and you will get ten different opinions, but that is mine. It's my opinion, not my legal advice; for I give legal advice only to clients who have hired me, and you have not. Talk to a lawyer face to face. The safest thing is to get the Judgment amended to cut out the child support, or to have the court place your daughter in your custody. Since she is not a juvenile, she can do pretty much what she pleases, custody or not, and there is nothing you nor anybody else can do about that. Yes, you need to get the judgment of child support terminated. My other opinions are just some thoughts of mine. Whatever you do, begin to set aside each month in your savings account enough money to pay up if they do push you to the ultimate, and after you have fought them to the ultimate, you lose. Sorry I could not give you an answer you would like to hear better than this one. Good luck!
Sincerely,
Hardy Parkerson, Atty.
Lake Charles, LA
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