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re: O-T lawyers: Seeking retroactive child support

Posted on 10/23/19 at 12:43 pm to
Posted by LSUintheNW
At your mom’s house
Member since Aug 2009
37025 posts
Posted on 10/23/19 at 12:43 pm to
quote:

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.



I think he should get her to pay. It's fair? Isn't it?

Of course I would weigh what I would expect over the last few years compared to my lawyers fees and go from there.



Posted by PrivatePublic
Member since Nov 2012
17848 posts
Posted on 10/23/19 at 12:47 pm to
Wait, is this thread really about a woman possibly paying child support?

I thought that was just an urban myth, like racist blacks or being gay by choice.
Posted by 777Tiger
Member since Mar 2011
93541 posts
Posted on 10/23/19 at 1:06 pm to
you can get retro c/s with interest awarded to you, collecting is another thing, your ex can have her driver's license rejected when she comes up for renewal, and you can have her wages garnished if you take the appropriate steps(paying an attorney)
Posted by arseinclarse
Member since Apr 2007
35469 posts
Posted on 10/23/19 at 1:12 pm to
What Parish? Many da's office assist in collection. Look them up and call a lawyer.
Posted by TigerOnTheMountain
Higher Elevation
Member since Oct 2014
41773 posts
Posted on 10/23/19 at 1:25 pm to
I’m not a lawyer, just want to say congratulations on pulling off sole custody. I don’t know the situation with the mother, but I’m sure you recognize how rare that is for a father.

I’m just under 15k in to my own custody battle and finally got 50/50 joint custody. No child support. The way the courts approach custody hearings desperately needs to be re-evaluated. The father is required to prove he is capable of caring for and raising a child, where as the mother is assumed to be an excellent care giver.

Anyway, good luck baw

Posted by swamplynx
Lake Chuck
Member since Oct 2014
1277 posts
Posted on 10/23/19 at 1:28 pm to
I've had this situation come up several times. Usually, they'll split the baby. There have been some occasions, especially when the payor parent isn't acting right, where the court grants the obligation retroactive several years to the original request.

To some extent is also matters what the delay in getting the support was caused by.

The support obligation is retroactive to when you filed except for good cause shown. So good luck.

Also, give me your email address or attorney's name so I can send an invoice and get paid for this shite.
Posted by DemonKA3268
Parts Unknown
Member since Oct 2015
21240 posts
Posted on 10/23/19 at 1:33 pm to
quote:

Wait, is this thread really about a woman possibly paying child support? I thought that was just an urban myth, like racist blacks or being gay by choice.


No, it is real. My ex paid me CS.
Posted by Tegre
Baton Rouge, La.
Member since Jan 2008
1226 posts
Posted on 10/23/19 at 1:41 pm to
quote:


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.




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You need to quit giving legal advice. There aren't enough facts provided to know the correct answers but yours are wrong.
Posted by TigerDeacon
West Monroe, LA
Member since Sep 2003
29900 posts
Posted on 10/23/19 at 2:23 pm to
quote:

I'm a firm believer that whoever has physical custody should be gladly willing to support the child.


So you are a firm believer in one of the parent shirking their responsibilities?
This post was edited on 10/23/19 at 2:41 pm
Posted by OogumBoogum
Member since Jun 2014
290 posts
Posted on 10/23/19 at 2:24 pm to
Thanks for the advice, y'all. The reason for delaying pursuit of support was because after I filed for it, she started filing counter-bids to rehear the custody issue itself. I had to react to those. Then I got laid off from a job and was unemployed for 15 months -- I didn't want to let on that I was jobless because her family might harass me again with new custody bids -- ultimately, my child's living with me full-time and being safe were more important to me than the money. Now we're in the homestretch and I'm considering a Hail Mary pass to collect at least part of what's owed because I have footed every major bill while her mother lives care-free and is hardly involved in her school life. PS. My lawyer at the time warned me that pursuing support might be more costly than what I'd collect.
This post was edited on 10/23/19 at 2:27 pm
Posted by TheEnglishman
On the road to Wellville
Member since Mar 2010
3310 posts
Posted on 10/23/19 at 3:06 pm to
Go for it... report back

My understanding is that time doesnt matter. You get what you deserve under the law and the child support formula.
Posted by FlyingTiger69
Member since Dec 2018
204 posts
Posted on 10/23/19 at 3:29 pm to
Does she have the money to pay if the judge does rule in your favor? Or are you going for a moral victory
Posted by SantaFe
Baton Rouge
Member since Apr 2019
8100 posts
Posted on 10/23/19 at 3:37 pm to
Cold fact: Women can just about get away with anything in today's world.
Posted by OogumBoogum
Member since Jun 2014
290 posts
Posted on 10/23/19 at 3:40 pm to
"My understanding is that time doesnt matter. You get what you deserve under the law and the child support formula." -- The lawyer that I'm consulting with now does not see full support going back years being awarded as very likely, more like months. However, I've talked casually with another lawyer who sees now reason why it wouldn't go back years.
Posted by OogumBoogum
Member since Jun 2014
290 posts
Posted on 10/23/19 at 3:43 pm to
"Does she have the money to pay if the judge does rule in your favor? Or are you going for a moral victory." --

She might not have the money in her bank account but has relatives who would come to her aid to keep her out of arears and protect her credit, I would think.

And yes, moral victory is important as well because lately she has started to cop an attitude with me and make demands on me when it's only through my graciousness that she's paid nothing for years. She's also starting to exhibit signs of the behavior that led her to lose custody to begin with. Mind you, I also didn't collect child support in the years leading up to trial because my lawyer advised me not to appear to be monetarily motivated in the time period leading up to a "final" verdict.
This post was edited on 10/23/19 at 3:45 pm
Posted by 777Tiger
Member since Mar 2011
93541 posts
Posted on 10/23/19 at 3:52 pm to
u r nawt vary schmot
Posted by OogumBoogum
Member since Jun 2014
290 posts
Posted on 10/23/19 at 3:56 pm to
Thanks for your directness and clarity --
Posted by lucaslsu
LSU!
Member since Oct 2007
8647 posts
Posted on 10/23/19 at 3:56 pm to
Mine too
Posted by baldona
Florida
Member since Feb 2016
24466 posts
Posted on 10/23/19 at 4:29 pm to
Your kid is 16, have you asked the kid their thoughts? Honestly you only have 2 years left and it doesn't sound like there is a whole lot of money to fight for. If you got $10,000 you could possibly give it to your kid for college though or something similar.

But if your kid doesn't want to make the mom mad, I think I'd let it be.

I also don't blame you and I'd absolutely spend $200 for your lawyers' official advice on the subject. Simply to do as you said and potentially keep the ex at bay.
Posted by danilo
Member since Nov 2008
26327 posts
Posted on 10/23/19 at 5:44 pm to
Don’t put dick in crazy
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