Legal Question in Family Law in Louisiana
I am the custodial parent and have a court order for child support in the amount of $1100 a month. For 12.5 years the father has only paid $900 a month because he felt "this is enough". The court tables at the time of our divorce showed he should pay $1600 a month, but I agreed to $1100 because my son was an infant and I wanted him to agree to a modified visitation schedule for him until he was 2 years old. There are 2 children, now 17 and 13. Can I claim and expect to receive the $30,000 that he is behind in support? He is finacially stable. I live in Louisiana.
1 Answer from Attorneys
It not where you live but where the Judgment of support was rendered. YOU DID NOT HAVE THE RIGHT TO MODIFY WHAT YOUR CHILDREN WERE ENTITLED TO! Now that I have yelled at you, you should have understood that it is the Children who have the right to support NOT you. Anyway, if you did not get the court's permission for him to pay $1,100 when he owed $1,600, then you can collect the extra $700 he did not pay. HOWEVER, if you let the Judgment be for $1,100, then that is all he had to pay and owes you $200 a month for every month he paid you less than he was ordered to pay. So back to my first sentence. Was the Judgment in Louisiana and does he live in Louisiana? If both yes, then 10 years, times 12 months is 120 months times 200 per month, so I see that he probably owes you $24,000. That is based on the 10 year limit on back child support. Since both your children are still under 18 then the $30,000 is what you should shoot for. The $24,000 is for sure and you should get a judgment for that amount at least.