Legal Question in Family Law in Louisiana
child support arrears and increas
I have been divorced 12 yrs according to custody and support papers signed in 1992 she agreed to maintain health ins on our two children, while I was required to pay monthly support. In 1993, she lost benefits and I have maintained ins for them since While doing so I have deducted a fraction of the cost of this ins from support payments.
At this time, she has served me with a summons to show cause. In this summons she is stating that I am over $10,000 in arrearage. She is also asking for an increase in support. She also has been harrassing me over the phone @ my job for the past several years threatening to do this. This has almost cost me my job numerous times. What can I do? Is she entitled to an increase? this would possibly cost me my job because a greatly reduced amount would be going to my personal cost of living. I am in the process of adopting my step daughter, who has been using my last name since she was 1 yr old. Would this have any bearing on this case?
2 Answers from Attorneys
Re: child support arrears and increas
You need to file a counter rule against her for contempt for failing to keep up the health insurance. She can ask for an increase and the court should take all circumstances into consideration...both your incomes; other needs, i.e. health insurance, and your obligation to support other children, assuming the adoption goes through.
Re: child support arrears and increas
File an answer and reconventional demand asking the court to find her in contempt for failing to provide insurance. Courts do not like "self-help" and may not allow you any credit for withholding child support without court approval. My experience is that you adopting a step-child will not affect your support obligation. You should also ask for an injunciton against your ex to stop the harassment.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
