Legal Question in Family Law in Louisiana
child support and insurance
My daughter's divorce is not final yet but husband and wife have had a division of property and are awaiting final judgment of divorce. Husband was ordered to pay $600 per month child support and ordered to keep children on his health ins. and wife on it until final divorce. Wife's atty said he had to go by a schedule to determine child suppt, which he did. Husband makes a little more than wife. Husband never pays on time and has now quit his job. Wife talked to her atty & was told that she has no recourse against husband since her salary is almost equal to husband's. Please tell me this isn't true. Thank you
2 Answers from Attorneys
Re: child support and insurance
That isn't true.
Re: child support and insurance
If the Husband voluntarily quit his job the courts will consider his previous income and determine him to be voluntarily underemployed and will hold him to his previous child support obligation. It appears the husband is in contempt of the court order and appropriate actions could be taken against him.
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