Legal Question in Family Law in Louisiana
Child Support Payments
If me and my husband have joint domicile custody of our two children, is he obligated to pay child support? He has agreed to pay $500 a month in child support and this will be put in the divorce decree, but would I have to have primary domicile custody for him to be required to pay child support and can he go back later and change it if we do have joint domicile custody. We are in agreement on mostly everything so we are using his lawyer to draw up the papers and I do not want any surprises. Any help would be appreciated. Thanks
2 Answers from Attorneys
Re: Child Support Payments
If he agrees to pay child support and a judgment is rendered including that fact, then he has to pay it. Do you mean Joint Custody or Joint Domiciliary Parents?
Re: Child Support Payments
If you are uncomfortable and want advice regarding your documents before you sign, then hire a lawyer to review the documents before you sign. This is much less expensive than paying the lawyer to negotiate.
Joint custody does not mean equal access. Usually the children are with one parent more than the other. Most custody orders in Calcasieu parish establish joint custody.
Another factor is that even if time is equal, one parent might have a higher income than the other and therefore be ordered to pay some money to the other parent.