Child support is often a major point of contention between parents during divorce or child custody proceedings. In Louisiana, both parents are responsible for the financial support of their child(ren). Support is a continuing obligation of both parents- even after a separation or divorce. Although every case is determined based on particular facts and circumstances, the basic premise is that children are entitled to share in the current income of both parents and should not be the economic victims of a divorce or out-of-wedlock birth. Typically, either parent will file a request for child support in the divorce proceeding or custody proceeding via a petition. However, support can be requested at any time and not necessarily in conjunction with the divorce/custody proceeding. Nevertheless, it’s always best to request support along with the divorce petition because any judgment awarding child support will be retroactive to the date judicial demand (aka the date of filing the divorce petition/request for support).
Child support is typically paid by a non-custodial or non-domiciliary parent to the other parent to share in the cost of raising his or her child(ren). Additionally, establishing paternity is often necessary prior to determining each party’s obligations. Every parent going through a divorce or breakup should consult with a family law attorney to learn how child custody and child support work in conjunction with each other.
If you are a parent going through a divorce or breakup we can help you with obtaining an initial child support order, modification of an existing order or enforcement of an existing order. Under Louisiana law, a parent obligated to pay support can be held in contempt of court for failure to pay his/her obligation and can even be punished with jail time. Our attorneys have many years of experience in child support and will provide you with skilled representation in all types of Louisiana disputes.