Legal Question in Family Law in Louisiana

Shreveport, Louisiana.; Several months ago my ex wife decided to take me to court for child support. I was paid up on child support, actually I was ahead of what I was required to pay but some information had been lost to prove this and she knew it, so she took advantage of the situation. We went to court several months ago, the judge decided in her favor but told me I could appeal, I immediately went to the room to appeal after court was over and filed an appeal. We have not been back to court yet for the appeal, and if you go to the Louisiana website to lookup and see if you owe any child support it says, "No records found". I was also under the belief that if you filed an appeal you do not have to pay anything until the appeal has been settled. I filed my taxes, I was getting back a little more than $4,500.00 and the child support office took every penny yesterday. Even though I have an appeal filed, and even though if you lookup myself on the Louisiana Child Support website it says no records found they still took my money. I needed that money to pay rent because I am unemployed and now I will get evicted. I spoke to the child support office yesterday, they told me that they didn't know I filed and appeal and since I filed the appeal immediately after court that they will not give my ex the money, but they said they will not give it to me either, they said they will hold onto the money until the appeal is handled, so in the mean time they will be collecting free interest off of my money. Can they do that? Is that legal? Shouldn't they have to give me my money back since they made a mistake? What can I do? Help please...


Asked on 2/03/12, 9:48 am

2 Answer from Attorneys

Martha Amanda Mandi Lucas Mandie Seale Lucas

They are within the law. Your ex-spouse's actions are contemptuous and if you can prove you were current and she knew it but brought an action anyway, there are severe sanctions. You need to hire an attorney.

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Answered on 2/17/12, 5:31 am


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