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Child Support Review #2

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AJCos

Junior Member
What is the name of your state (only U.S. law)? Louisiana

My wife came on here earlier to ask about child support, this was her thread


"Hello, I'm new here and this might be a bit long, so please bear with me... my husband is considering filing with the state to have his child support obligation reviewed. Currently he has an agreement set through the divorce agreement stating he owes $1300 a month for one child (he only makes about $65k /yr), it was not done through the state, he pays his child support directly to his ex. Her father had political connections in one parish and since my husband was living in that parish at the time of separation, she filed the divorce there instead of where she lived and the whole thing, including child support was done in that parish. Because of her dad's name, she got taken care of there. This was 10 years ago. My husband filed for divorce a month after he left her, but she went and had it removed and then filed papers claiming a covenant marriage which meant they had to wait a year to file for divorce. During this year's time, both he and she got involved in other relationships but when she went to file the divorce a year later, she claimed he committed adultery because he was involved with someone during their separation. The courts accepted it and it's on the record that the divorce was granted because he committed adultery. Ok, that's a brief background. Now my question is should he go through the state to have the child support reviewed (according to calculations based on the state's website of tables, he should really be paying about $800 a month, not $1300), and if he does, will it go through the parish that the original divorce agreement is filed in, or will it go through the parish that the child lives in? Also, I'm not too sure about that covenant marriage thing, according to web searches, the intent to enter into one has to be filed with the marriage app, but she filed this AFTER they had already been married 6 years and had separated. He said the covenant marriage thing came into law after they were married and his church explained it to him that they could enter into one kind of like "grandfather" in, but he never filed the papers after they did the counseling requirements. Not sure if that would mean anything in a child support case, other then to show that the mother is possibly a liar.

Thanks for any advice, I know it's all confusing."


Apparently y'all wanted me to come on here and ask for myself - well she has the info correct. The question at hand is if I file with the state of Louisiana for a child support review, will they hear it in the parish that my child lives in or the parish that the original divorce agreement papers are filed in? My ex wife went through that parish because her father had influence over the judges there (yes, Louisiana politics IS alive and well), but the same does not hold true in the parish where she and my son actually live. My attorney argued at the time the agreement was drawn up that they were not going by the state income guidelines, but they did not seem to care, they granted a $1600 a month obligation to her, and after 3 years I went back and had them impute her income (she does not work, of her own choosing, although has 2 college degrees) and got it reduced to $1300 a month. As stated by my wife, the state guidelines come out to around $800 a month I should be paying (I pay for health insurance). I want to know if it should be heard in the parish in which my child lives. The covenant marriage is a wash - she lied and got the papers filed falsely, but it's been 10 years and I really could care less about it anymore - I don't think it would have any bearing on the child support. Also, if anyone is familiar, would the state be more inclined to uphold the current child support agreement even if it's higher then it should be? It is also stipulated in the agreement that we rotate the income tax deduction each year, but from what I've heard I should have it every year since my income is over 50% more then hers - would the state grant that to me, or leave it as is?

Thank you.
 


mistoffolees

Senior Member
Apparently y'all wanted me to come on here and ask for myself - well she has the info correct. The question at hand is if I file with the state of Louisiana for a child support review, will they hear it in the parish that my child lives in or the parish that the original divorce agreement papers are filed in? My ex wife went through that parish because her father had influence over the judges there (yes, Louisiana politics IS alive and well), but the same does not hold true in the parish where she and my son actually live. My attorney argued at the time the agreement was drawn up that they were not going by the state income guidelines, but they did not seem to care, they granted a $1600 a month obligation to her, and after 3 years I went back and had them impute her income (she does not work, of her own choosing, although has 2 college degrees) and got it reduced to $1300 a month. As stated by my wife, the state guidelines come out to around $800 a month I should be paying (I pay for health insurance). I want to know if it should be heard in the parish in which my child lives. The covenant marriage is a wash - she lied and got the papers filed falsely, but it's been 10 years and I really could care less about it anymore - I don't think it would have any bearing on the child support. Also, if anyone is familiar, would the state be more inclined to uphold the current child support agreement even if it's higher then it should be? It is also stipulated in the agreement that we rotate the income tax deduction each year, but from what I've heard I should have it every year since my income is over 50% more then hers - would the state grant that to me, or leave it as is?

Thank you.
Why did you not appeal the order if they're ordering you to pay more than state guidelines?

The court which heard the original case will retain jurisdiction unless you can convince them to transfer it to the other county. Actually, if the child did not live in that parish, you should have objected to them having jurisdiction and asked for the entire thing to get thrown out at the time. It's probably far too late for that now.

You are free to request a CS modification if you meet the requirements for recalculation. That might include:
- Increase or decrease in income (might require an increase more than a certain percentage)
- Length of elapsed time
Check your decree to see what it says about modification. You have to follow the decree. If the decree is slient, you would follow the state guidelines.

If you're sure you are paying more than guidelines, I would head to CSE and open a case. Tell them you want to pay through them and ask about modification. That would get it out of the hands of the judge that you don't think is being fair.

As for income tax deductions, you're wrong. Under IRS rules, the custodial parent gets the deduction every year. That is, the parent who has the child the most nights. if you have exactly the same number of nights (which can only happen on a leap year), then the parent with the highest adjusted gross income gets the deduction. Your order says that you're supposed to get it every other year. So if your ex has more nights, then she has to sign an 8332 form in the years you are to get the deduction or vice versa. And there's very little chance to get that order changed.
 

AJCos

Junior Member
To be honest the agreement was done close to 10 years ago and I listened to my attorney, who apparently didn't know what she was doing. I did go back 3 years later on my own and petition for her income to be imputed and for a reduction in child support, which I was granted (from $1600 to $1300), but that was through the same court and basically an amendment to the agreement. Nothing has ever been done through the state. It's been almost 6 years without a review of the child support, and I'm pretty sure Louisiana allows reviews every 2 or maybe 3 years. There is nothing in the agreement about time frames for reviews, etc. So based on what you are saying, I should be able to go to CSE and open a case based on time elapsed? I've heard varying stories - everything from the state upholding what is already been set in an agreement, to reducing to the state guidelines, so I'm not sure if it's even worth going to court over it.

I had been told by a co worker that if my income was above 50% of hers, then I should get the tax deduction every year, but if what you are saying is the case, she has to sign a form in the years I get him, or I can't file the deduction? Do I have to sign the form for her in the years she takes the deduction? The attorneys never told us that in court and we have never signed anything like that - IRS hasn't said a word yet...

Thank you.
 

Silverplum

Senior Member
To be honest the agreement was done close to 10 years ago and I listened to my attorney, who apparently didn't know what she was doing. I did go back 3 years later on my own and petition for her income to be imputed and for a reduction in child support, which I was granted (from $1600 to $1300), but that was through the same court and basically an amendment to the agreement. Nothing has ever been done through the state. It's been almost 6 years without a review of the child support, and I'm pretty sure Louisiana allows reviews every 2 or maybe 3 years. There is nothing in the agreement about time frames for reviews, etc. So based on what you are saying, I should be able to go to CSE and open a case based on time elapsed? I've heard varying stories - everything from the state upholding what is already been set in an agreement, to reducing to the state guidelines, so I'm not sure if it's even worth going to court over it.

I had been told by a co worker that if my income was above 50% of hers, then I should get the tax deduction every year, but if what you are saying is the case, she has to sign a form in the years I get him, or I can't file the deduction? Do I have to sign the form for her in the years she takes the deduction? The attorneys never told us that in court and we have never signed anything like that - IRS hasn't said a word yet...

Thank you.
Unless your coworker is a tax or family law attorney, ignore him/her.
 

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