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Child Support Review

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BellaNova

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

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.
 


Silverplum

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

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.
I've helpfully bolded all the pronouns and such for you.

I'm hoping you will see that all of this has nothing to do with YOU.

BellaNova said:
Now my question is
Why do YOU have a question about HIS business?

BellaNova said:
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.
I'm not going to bold the rest of the pronouns. It's boring.
 

BellaNova

Junior Member
He actually asked me to research it for him which is what I'm doing. Perhaps I should have said "HIS question"?
 

Zigner

Senior Member, Non-Attorney
Have him sign on (with his own account) and ask his own questions. He will have information that you are not privy to.
 

LdiJ

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

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.
Most of what you stated is irrelevant to child support. What is relevant to child support is the parent's respect incomes, who pays and how much is paid for medical insurance and who pays and how much is paid for daycare.

Their parenting schedule might factor in as well.

You have already run the numbers based on Louisiana guidelines, so I am not sure there is much else to tell your husband.
 

mistoffolees

Senior Member
Most of what you stated is irrelevant to child support. What is relevant to child support is the parent's respect incomes, who pays and how much is paid for medical insurance and who pays and how much is paid for daycare.
OP is in Louisiana. It's easy enough to look it up:
Louisiana Child Support Calculator - AllLaw.com

They will consider:
-number of children involved in this order
-child support paid from a previous order
-alimony paid from a previous order
-gross monthly income of both parents
-Cost of healthcare paid by each parent
-cost of child care paid by each parent

But you are right - there's not much anyone else can do. Maybe if Dad comes here and explains the circumstances, there might be something we've missed.
 

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