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O-T lawyers: Seeking retroactive child support
Posted on 10/23/19 at 11:42 am
Posted on 10/23/19 at 11:42 am
Thanks in advance for any advice. Sole-custody dad here of one child. I filed petition to establish child support in 2015. Ex counter-attacked on other issues and caused me to postpone pursuing getting an payment order established. Child is now 16. Since the letter of Louisiana law says child support is retroactive to the date the petition was filed, what is the likelihood of getting retroactive support ordered for 2015, 2016, 2017, 2019, etc.? How do judges, in your experience, handle retroactive support issues in Louisiana? Would they hold the ex accountable for the full amount going back to 2015, or some fraction? How much judicial discretion is involved? Thanks again in advance -- just trying to determine whether this is worth pursuing at this point in time.
19
Posted on 10/23/19 at 11:43 am to OogumBoogum
I’d recommend seeking attorney advice elsewhere
Posted on 10/23/19 at 11:43 am to OogumBoogum
hire a lawyer dummy
Posted on 10/23/19 at 11:44 am to OogumBoogum
quote:
dad
quote:
what is the likelihood of getting retroactive support ordered for 2015, 2016, 2017, 2019,
Posted on 10/23/19 at 11:44 am to OogumBoogum
How much does she owe you and now much are the lawyers being paid?
Posted on 10/23/19 at 11:47 am to OogumBoogum
I don't see why you wouldn't get it, although I also think you'll be pushed pretty hard by everyone involved to reach some sort of compromise.
Posted on 10/23/19 at 11:50 am to Displaced
Thanks for your question. I don't know how much she makes or has made over the years. My guess is not more than $40K each year if that. My lawyer would charge an hourly rate in the $200+ range. I could go it alone with the state child services department, but like I said, no order has been established yet, and I think expediency might be best given the amount of time that has passed.
Posted on 10/23/19 at 11:50 am to OogumBoogum
quote:
My lawyer
Why not ask him this question
Posted on 10/23/19 at 11:53 am to OogumBoogum
If you're hurting for $3-5k that badly, go for it, but all it's going to do is pad the lawyers pockets, stress out your daughter, and further strain your relationship with your ex.
Posted on 10/23/19 at 11:57 am to OogumBoogum
quote:
O-T lawyers: Seeking retroactive child support
quote:
OogumBoogum
frick you. Move on with your life and stop looking for a handout. The kid knows who the real parent is that took care of him/her.
This post was edited on 10/23/19 at 12:00 pm
Posted on 10/23/19 at 12:01 pm to mikelbr
quote:
frick you. Move on with your life and stop looking for a handout. The kid knows who the real parent is that took care of him/her.
Somebody finally said it.
Mikeeee
Posted on 10/23/19 at 12:09 pm to OogumBoogum
1) Get a lawyer.
2) Louisiana is pro-mother. If you’re the mother, I’d say your chances are good. If you’re the father, good luck. 3) Get a lawyer.
2) Louisiana is pro-mother. If you’re the mother, I’d say your chances are good. If you’re the father, good luck. 3) Get a lawyer.
Posted on 10/23/19 at 12:10 pm to 50_Tiger
Wow, you guys are a tough audience. Just fishing around for opinions here -- I've seen plenty of calls for tips to lawyers go out here. Hey, the bills for college prep and testing and school rings and all that jazz are starting to pile up, and I'm just weighing whether it's worth fighting for, and for the principle of it as well. Sorry to disturb you guys --
Posted on 10/23/19 at 12:12 pm to OogumBoogum
No offense baw but you had 16 years to prepare for all of this.
Posted on 10/23/19 at 12:14 pm to OogumBoogum
quote:
I'm just weighing whether it's worth fighting for, and for the principle of it as wel
It is worth fighting for. Don't let a bunch of people who have no idea of what you have gone through bother you.
Posted on 10/23/19 at 12:14 pm to OogumBoogum
quote:
caused me to postpone pursuing getting an payment order established
So if I understand you correctly, no amount of monthly child support was ever established by the court, correct? Then she owes you nothing and is not in arrears because she was never ordered to pay anything. IF an arrangement had been ordered, then your claim would be retroactive for any amount she hadn't paid per the judgement dating back to when your initial petition was filed; however since no amount was ever ordered or established she can't possibly be in arrears.
quote:
How do judges, in your experience, handle retroactive support issues in Louisiana?
Not applicable since no order to pay was ever established.
quote:
How much judicial discretion is involved?
The judge has a substantial amount of discretion in every case. The judge can basically order whatever they deem is in the best interest of the child, which can obviously be very subjective and varies from case to case.
You need to seek professional legal advice.
Posted on 10/23/19 at 12:20 pm to OogumBoogum
i was awarded sole custody back in 2007 as the father. good luck getting any money. my ex owes me somewhere around $40k. but i got my daughters out of that hell hole so i won.
think they have put a flag on her drivers license and notified the IRS so they can intercept any refunds, but thats it. when ever they send a letter to her place of employment she changes jobs
think they have put a flag on her drivers license and notified the IRS so they can intercept any refunds, but thats it. when ever they send a letter to her place of employment she changes jobs
Posted on 10/23/19 at 12:30 pm to mikelbr
quote:
frick you. Move on with your life and stop looking for a handout. The kid knows who the real parent is that took care of him/her.
When men do what OP's ex has done, they're deadbeats. When the roles are reversed and the man is seeking help with raising a kid, he gets called out on it by the OT. Never change people.
Posted on 10/23/19 at 12:37 pm to DaTroof
quote:
Then she owes you nothing and is not in arrears because she was never ordered to pay anything. IF an arrangement had been ordered, then your claim would be retroactive for any amount she hadn't paid per the judgement dating back to when your initial petition was filed; however since no amount was ever ordered or established she can't possibly be in arrears.
While she isn't in arrears, that doesn't keep him from seeking child support back to the time of filing of his petition.
Posted on 10/23/19 at 12:43 pm to OogumBoogum
I'm a firm believer that whoever has physical custody should be gladly willing to support the child.
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