Lafayette Child Support Lawyer

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Lafayette Child Support Attorney

Navigating the complexities of child and spousal support with assistance from a Lafayette child support lawyer is crucial to ensure financial stability for your children and yourself. In the state of Louisiana, parents are expected to provide both financial and other forms of support to their children, regardless of marital status.

Additionally, spousal support may be a component of a divorce decree. To ensure fair outcomes and avoid overpayment or inadequate support, it is essential to collaborate closely with an experienced family law attorney.

My name is Chris Villemarette and I have been practicing law for twenty-nine years. In my practice here in Lafayette, I have gained a great deal of experience and developed the skills necessary to provide professional and competent representation for my clients. My skill and experience will insure that the court determines the appropriate amount of child support you should pay or receive.

I will also guide you in understanding whether a family court judge may expect your divorce to include a spousal support order. I will explain your rights, responsibilities, and guide you through the process of determining child or spousal support amounts.

Grasping the Fundamentals of Support Orders

In Louisiana, the Child Support Award Guidelines determines how the state establishes child support orders when parents are divorced or separated. These guidelines take into consideration key factors, including the gross income of each parent and the custodial time shared by each parent with the minor child.

While these guidelines may appear straightforward, calculating a parties actual gross income, quantifying the cost of a children’s special needs, requires skilled advocacy by a knowledgeable Lafayette Child Support Lawyer which can significantly impact the outcome of support calculations.

Unlike child support, spousal support is determined on a case-by-case basis and is a much more complicated calculation with many other considerations. A family court judge considers various factors when making a final decision, including:

  • The needs of the party requesting support, including those expenses necessary to maintain the lifestyle to which that person enjoyed when married to and living with the party paying support.
  • The ability to pay support considering the necessities of the party being asked to pay support.
  • Income, earning capacity, and assets of both spouses
  • Existing financial support, including child support orders
  • Health and age of each spouse
  • Duration of the marriage
  • Tax implications of spousal support proposals
  • History of domestic abuse by the paying spouse against the supported spouse or children

If your divorce order includes a spousal support provision, it may terminate automatically upon remarriage while receiving spousal support.

Other Considerations

If a parent fails to pay child support, the state has mechanisms in place to make sure that payments continue. This includes garnishment of wages, taking a non-paying parent’s tax refund, or even legal action and criminal charges. It is also possible for the court to place a lien on property. This means that if the property is sold, the court can take any outstanding child support obligations from the proceeds of the sale.

It is also possible to modify a child support order if one or both parents have a substantial change in circumstances, such as in their income or their health, or if the child develops different needs that require different amounts of money for their care.

Contact Our Lafayette Child Support Lawyer Today

Understanding how child support and spousal support are determined in your specific case is vital. Whether you need assistance with enforcing or modifying an existing order in Lafayette, LA, I, attorney Chris Villemarette, am here to guide you through the legal process.

To contact Chris Villemarette, Trial Lawyer, please complete our online form or call 337-232-3100 for a consultation.

FAQs

Q: What Happens if the Parent Who Is Paying Child Support Loses Their Job in Louisiana?

A: If the parent who is paying child support loses their job in Louisiana, they can consider modifying their child support arrangement. This starts with filing a petition with the court. In some cases, the court will issue a temporary modification that can revert back to normal if circumstances change. Just because a parent becomes unemployed does not automatically mean that they can stop paying child support.

Q: Can Child Support Orders Be Enforced in Louisiana?

A: Child support orders can be enforced in Louisiana. The courts have many different strategies they regularly employ for noncompliant parents, including garnishing their wages, taking away their drivers’ license, or even arresting them if the parent does not pay their child support obligations. The court takes child support payments quite seriously and will not hesitate to take action against a non-paying parent if they are informed by the other parent.

Q: How Long Does a Parent Have to Pay Child Support?

A: A parent has to pay child support as long as the child is still a minor. Payments might still be required after the child becomes a legal adult if they are still in high school. In extenuating circumstances, child support can be extended. This is common to accommodate for college expenses or if the child has special needs. Each situation is different regarding the age child support is terminated, so it is important to consult with a family law attorney.

Q: What if a Parent Is Misusing Child Support Money?

A: If a parent is misusing child support money, it is possible to raise your concerns with the court. However, the details of what a parent does with child support money do not need to be explicitly outlined. Child support is meant to contribute to a child’s overall living expenses, so it could be spent on utilities, food, or clothing. The court usually does not require parents to outline how they are spending child support funds unless they are concerned about neglect.

Ensure Your Child Is Taken Care Of

Child support ensures that children have access to financial resources for them to grow and develop. If you need help with a child support issue, let a seasoned family lawyer advocate for your and your child’s interests. Schedule a consultation with Chris Villemarette, Trial Lawyer, to learn how both parents can contribute to the well-being of their child.

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