Legal Question in Family Law in Louisiana

Past due child support after the custodial parent dies

A relative owes past due child support, he was injured at work and was out of work for over a year, during this time he did not receive any WC payments and was unable to pay any child support payments during that time. When he returned to work he started making his payments but was arrested because of a past charge and has been in jail since February. Five days ago the mother of his two children died and since the court had given them joint custody he became the custodial parent. The children are now living with his fiancee who is taking care of them until he can be released, which will be in October. My question is what is going to happen with the past due child support that he owes and was unable to pay? He has been listed as a deadbeat dad and I was wondering what needs to be done now that she has passed on and cannot collect the past due amounts, how would he have his name taken off the list. Please give me any information that you can so that we can clear his name from the deadbeat dad list. He will be getting out of jail in October and needs to be able to take care of his children without having to worry about being arrested for past due child support. Thanks for any help you can offer.


Asked on 9/12/04, 4:51 pm

1 Answer from Attorneys
Andrew Casanave Andrew M. Casanave

Re: Past due child support after the custodial parent dies

If he was paying through the state, and he probably was, he may need to proceed in court against the state to have his obligation terminated and his past due support cancelled. Bottom line he needs a lawyer.

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Answered on 9/12/04, 5:57 pm


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