Legal Question in Family Law in Louisiana
Child Support Reimbursement
My ex husband is claiming that he can use the money he paid me in ''voluntary child support'' before an order was actually in place, against any community debts he may owe. He paid about $1200 a month for 5 months before a court order was put in place making him pay $1283 a month for child support. Can he claim that the money he paid voluntarily go towards any money he owes for community debts?
1 Answer from Attorneys
Re: Child Support Reimbursement
I thought your question had been answered, but if not, the answer is NO. There is no such thing as "voluntary Child support." Support is owed without a court order, but one cannot be held in contempt of court unless and until there is a court order. So any monies he paid as child support, even if he paid $5,000 a month and later the court figured his obligation to be only $1,000, cannot be deducted from anything. He would have been seen as a really nice guy until he started the "voluntary child support" crud. Your attorney should have told you all this.
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