Legal Question in Family Law in Louisiana

My husband and I have been married for over a year. His daughter is 13years old and I have always been in here life since she was a baby. Her mother is now thinking about putting child support on him. He is currently incarcerated and in a work release program should we check into getting an attorney ?


Asked on 6/24/10, 8:26 am

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

It depends on why your husband is in jail and for how long. He should be required to pay support if he is not doing it. And, incarceration is considered a voluntary thing since he chose to commit crimes and was caught and convicted. So the only reason you should get an attorney would be to make sure whatever amount of income that is assigned to him is correct. At the minimum the court would assess minimum wage to your husband, and at the maximum would assess what his particular skill is paying in the area where his child lives. So if he was making $50,000 consistently before his incarceration, the court could assign that amount to him and order him to pay whatever that figure would be. After 6 months of not paying, the mom's new husband could file for adoption. Assuming there is a new husband.

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Answered on 6/24/10, 3:42 pm


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