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Each state has its own rules for determining child custody and support, and Louisiana is no different. While the laws may be similar to those in other states, the issue of support often raises questions among divorced parents. To better understand how the laws will apply to your case, review these frequently asked questions.

Common Questions About Child Custody & Support

Do families receiving public assistance have to seek support?

If you qualify for Family Independence Temporary Assistance (FITAP) or Medicaid and you have custody over your children, you must also seek support payments. To continue receiving your benefits, the noncustodial parent must help support their children, so the care for the children won’t place an additional financial burden on the state.

Are families charged a fee?

child custodyOnce a court has mandated support, all payments must be processed through the court system. Your attorney will explain this process, but it does involve paying an annual processing fee. Once support payments have exceeded a total of $550, a $35 payment will be applied to the account. However, the fee only applies to families who have not received any FITAP benefits.

Does support have to be court-mandated?

If you and your spouse co-parent your children and work out your own custody arrangement, you may be able to agree on support as well. In this case, you may not need court intervention. However, most couples have difficulty compromising when it comes to these matters, in which case you must pursue support through the courts. Once the petition has been filed, you’ll participate in a hearing with your ex-spouse, so the judge can hear both sides and make a ruling.

How can you qualify for support?

As long as you’re the primary caregiver and you have physical custody, you can seek support. This is true regardless of your marital status, but the amount of time you have custody will be considered. A parent who shares custody with their ex-spouse will receive considerably less than a parent with full custody. Additionally, an ex-spouse who is not the child’s biological father cannot be compelled to pay support.

 

If you have more questions about how child custody and support laws will apply to your specific situation, contact J.P. Coleman Law, LLC, Attorneys at Law. This firm has been serving the Metairie, LA, community since 2012, and they strive to give each client the personal attention they need. Visit their website to learn more about their practice, or call (251) 947-6247 to schedule a consultation.

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