Legal Question in Family Law in Louisiana
My husband and I went to court yesterday to stop child support because my step daughter has been in my care for the past year. While my husband was deployed in Iraq last year we were still paying the mother child support even though she did not have the child. At court yesterday the judge said we needed a petition to stop the child support. She said that we still have to pay child support but it wont go to the mom the state will hold it until we can get a lawyer to fight for custody then after court for custody they will determine who gets the money. So my question to you is can the judge really order us to pay child support to the state and just let the state hold it until we go to court for custody? Even though the child is in our care all the time? Why do we have to pay child support for nothing?
1 Answer from Attorneys
There is a judgment saying he pays, that is why. In order to change that judgment, one must file a Rule, or Petition and ask for it to be changed. That is because the mother must have a right to contest it. You must also change the domiciliary status since the father now has it. The more time you waste the more money you owe. It may sound unfair, but is the court supposed to believe you because you said it was so?
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