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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
The general answer is that the best interests of the child will apply to setting your support: this does two important things. First, a court will be able to have what is called “continuing jurisdiction” over a decision made for your child (or children). This idea of ‘jurisdiction’ means a court can come back and be sure everything in an older order is still working out for the child. Second, a court can be asked by a parent affected by the original order to deal with ‘significant’ changes in economics. Not being able to meet a court ordered obligation may sometimes be caused by a significant change. Here’s the law on child support in Louisiana, and you’ll want to look at the part on modification: http://www. lrcvaw.org/laws/lauccjea.pdf.
You’re usually better off to be the one seeking to make the change, instead of just waiting for someone to complain you’re in default or behind on payments…here are the forms you need to file in Louisiana family court to get a modification: http://www.familycourt. org/rules/Local-Rules.pdf.
An important key is whether you are the one who has been ordered to meet an obligation or not (are you the parent asking for a change?): or if you are opposing any change. This difference often has to do with carrying the burden of proof…of showing a need for the change the original order. Here are the major facts you’ll be dealing with:
(1) The income and means of both parties, including available cash.
(2) Financial obligations for both of you.
(3) Earning capacity or ability.
(4) Effects of custody of the child(ren) on earning ability.
(5) Health and age of the parties.
(6) Tax consequences.
The Meaning of the Order
So take a careful look at the original order…see if it is already less than Louisiana’s’ state guidelines for support. http://www.dss.louisiana.gov/index.cfm?md=pagebuilder& tmp=home&nid =86&pnid=60&pid=146&catid=0. Be sure to have clear evidence that you have been keeping up with the original order, and your good faith efforts to have met the state guidelines….or to explain if or why you haven’t stayed current, and how close to being current you are.
No matter which side of the proposed lowering of support you are on, you might get free or affordable legal help by asking here… http://www.slls.org/.
It’s also important to realize the role of the Louisiana support enforcement: once the child is on the state health plan, since this allows the state to seek an independent order for support, to help defray the costs of the child’s plan coverage. http://dss.louisiana.gov /index. cfm?md=pagebuilder&tmp=home&pid=137. So I’m not sure where you are, right now, in having, for example, a wage garnishment from the state, or if this is coming directly from the custodial parent right now. There are things you can do to be sure the State is following the rules for dealing with the specific facts you mention here. For example, here’s a case you can look at, and see if it applies to you: http://caselaw. findlaw.com/la-court-of-appeal/1599139.html. In that case, the state had not proven the father’s specific duty to pay a certain amount. You’ll have a right to appeal any state determination if you act soon enough.
Other Arguments You Might Make
You may also try to argue you have paid more than your fair share in child care costs. The following case raised just that issue, when the custodial parent didn’t pay the ordered 50% share of dental costs for the daughter. The same case also raised issues about spousal support once the child turned 18. http://caselaw.findlaw.com/la-court-of-appeal/1612261.html. You may also improve your argument by showing that as your ability to pay has gotten clearly worse, the other parent’s position has improved. Here’s a case where that argument was convincing…http://caselaw.findlaw.com/la-court-of-appeal/1240857.html.
The general answer is that the best interests of the child will apply to setting your support: this does two important things. First, a court will be able to have what is called “continuing jurisdiction” over a decision made for your child (or children). This idea of ‘jurisdiction’ means a court can come back and be sure everything in an older order is still working out for the child. Second, a court can be asked by a parent affected by the original order to deal with ‘significant’ changes in economics. Not being able to meet a court ordered obligation may sometimes be caused by a significant change. Here’s the law on child support in Louisiana, and you’ll want to look at the part on modification: http://www. lrcvaw.org/laws/lauccjea.pdf.
You’re usually better off to be the one seeking to make the change, instead of just waiting for someone to complain you’re in default or behind on payments…here are the forms you need to file in Louisiana family court to get a modification: http://www.familycourt. org/rules/Local-Rules.pdf.
An important key is whether you are the one who has been ordered to meet an obligation or not (are you the parent asking for a change?): or if you are opposing any change. This difference often has to do with carrying the burden of proof…of showing a need for the change the original order. Here are the major facts you’ll be dealing with:
(1) The income and means of both parties, including available cash.
(2) Financial obligations for both of you.
(3) Earning capacity or ability.
(4) Effects of custody of the child(ren) on earning ability.
(5) Health and age of the parties.
(6) Tax consequences.
The Meaning of the Order
So take a careful look at the original order…see if it is already less than Louisiana’s’ state guidelines for support. http://www.dss.louisiana.gov/index.cfm?md=pagebuilder& tmp=home&nid =86&pnid=60&pid=146&catid=0. Be sure to have clear evidence that you have been keeping up with the original order, and your good faith efforts to have met the state guidelines….or to explain if or why you haven’t stayed current, and how close to being current you are.
No matter which side of the proposed lowering of support you are on, you might get free or affordable legal help by asking here… http://www.slls.org/.
It’s also important to realize the role of the Louisiana support enforcement: once the child is on the state health plan, since this allows the state to seek an independent order for support, to help defray the costs of the child’s plan coverage. http://dss.louisiana.gov /index. cfm?md=pagebuilder&tmp=home&pid=137. So I’m not sure where you are, right now, in having, for example, a wage garnishment from the state, or if this is coming directly from the custodial parent right now. There are things you can do to be sure the State is following the rules for dealing with the specific facts you mention here. For example, here’s a case you can look at, and see if it applies to you: http://caselaw. findlaw.com/la-court-of-appeal/1599139.html. In that case, the state had not proven the father’s specific duty to pay a certain amount. You’ll have a right to appeal any state determination if you act soon enough.
Other Arguments You Might Make
You may also try to argue you have paid more than your fair share in child care costs. The following case raised just that issue, when the custodial parent didn’t pay the ordered 50% share of dental costs for the daughter. The same case also raised issues about spousal support once the child turned 18. http://caselaw.findlaw.com/la-court-of-appeal/1612261.html. You may also improve your argument by showing that as your ability to pay has gotten clearly worse, the other parent’s position has improved. Here’s a case where that argument was convincing…http://caselaw.findlaw.com/la-court-of-appeal/1240857.html.