Legal Question in Family Law in Louisiana

day care expenses

My x(CP) lives in Lake Charles and I (NCP) lives, in Virginia. My x lied to the courts about day care expenses and they have me paying addt'l money for this along w/ my support. She is currently, making about 10,000.00 more than me. The question for the past 2 yrs I have been paying this day care and my kids NEVER have been to a single day care the ages are 6,8,&10. This have been going on since 99 to current. Is there anyway I have sue her for this money back which is over 4,000.00. Or would this be a civil matter? Part2. Could there be a possibilty in a change of custody, if x did not comply with court order visitation within the last 2 1/2 yrs for me to get my kids for the summer months? Every time I make arrangements its always they have to go somewhere else during my visitation. And what is the penalty for contempt of court. I really would appreciate any help : o(


Asked on 2/24/02, 12:44 am

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: day care expenses

If she cannot prove she paid day care, then I believe you can receive a reduction in the amount you pay. I think the court would probably give you a credit and allow you to deduct a certain amount from your support until you recoup the day care paid. The new child support guidelines have recently been adopted, so you should recalculate the amount you owe just to be sure you will not get hit with an increase if you challenge the day care costs.

As far as visitation, that is always subject to modification to accomodate the parties, children and their circumstances, so changing the times and length of visits can probably be accomplished.

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Answered on 2/24/02, 8:02 am


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