Legal Question in Family Law in Louisiana

Reductions to Child Support - What's the Standard?

I have five short, and hopefully easy to answer, questions:

1) My ex- and I currently have a court ordered support and visitation schedule. I have joint legal custody of my daughter, but she is primary dom. parent. Can we modify the child support portion of the court order ourselves without going to court, or do we have to move for a modification each time?

2) Her child support award did not include day care costs. She�s never asked for more money. Does that fact allow her to hide from me the name of the day care center because ''I'm not paying for it''?

3) Can I get a reduction in the amount of child support based on the amount of time that my daughter spends in my custody (every other weekend, one day during the week, holidays, etc.)? Could LA R.S. 9:315.8e, et seq. be used for that purpose?

4) I�m now married. My wife has a 10-year-old son whose father pays very little child support. My wife and I pay nearly all of my step-son�s costs. Can I receive a reduction in C.S. based on the fact that I am supporting what amounts now to two children, even though the child is not legally mine?

5) Same as question four, but what about if my wife and I have a child together?


Asked on 12/18/02, 9:48 am

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Reductions to Child Support - What's the Standard?

1. You can prepare a joint stipulation and judgment requesting the judge to execute the judgment modifying the original judgment to conform with the joint stipulation.

2. No, joint custody gives you equal access to all of your child's activities no matter who pays for it.

3. You should have been given a one month credit for visitation.

4. No

5. No

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Answered on 12/18/02, 12:27 pm


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