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Confused on jurisdiction

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Tom's Dad

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

When I was married I lived in one parish (county), but once separated I moved to another parish to live with my sister and get back on my feet. My ex-wife hit me with a covenant marriage clause and we had to be separated a year before an actual divorce. In that time I moved into my own place in the same parish as my sister. My ex was still living in the house we shared in the old parish. As soon as the year was up she filed for divorce on grounds of adultery (because I had been dating another woman during the last couple months of our separation - she was dating a guy during that time too, but she neglected to inform the court of that...) Anyway, she filed the divorce in the parish where I was living which happened to be the same parish that her politically connected father worked in. All the judges knew him and subsequently the divorce went through as she wanted, adultery charge and all. My understanding is that she was within her rights to file in that parish even though she didn't live there, because I was living there at the time. But they incorporated my child support and visitation in the divorce in this parish and that is not where my son lives, he lives in the parish his mother lives in. Shouldn't the child support and visitation be done in the parish the child resides in? If so, can I do something about having that changed? This was all done over 10 years ago - the politically connected daddy is now in his grave and his name doesn't carry any weight in the parish my son and ex actually live in. My attorney at the time was actually scared when she heard my ex's family name and told me to just "take the deal" as is... what did I know, I'm just a working man, I know nothing of the law. I can't afford a lawyer at this time but wonder if it's feasible to have the parishes changed and re-evaluated in the parish my child resides in. I wouldn't worry about it so much except for the fact that I work a full time job while the ex sits on her butt at home doing nothing (she has a college degree, just doesn't want to work) and collects the child support which is extremely higher then some of my co-workers pay for their children. I know I could ask for a re-evaluation of the amount, but in what parish should I do that in and how do I change parishes if I can?
 


LdiJ

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

When I was married I lived in one parish (county), but once separated I moved to another parish to live with my sister and get back on my feet. My ex-wife hit me with a covenant marriage clause and we had to be separated a year before an actual divorce. In that time I moved into my own place in the same parish as my sister. My ex was still living in the house we shared in the old parish. As soon as the year was up she filed for divorce on grounds of adultery (because I had been dating another woman during the last couple months of our separation - she was dating a guy during that time too, but she neglected to inform the court of that...) Anyway, she filed the divorce in the parish where I was living which happened to be the same parish that her politically connected father worked in. All the judges knew him and subsequently the divorce went through as she wanted, adultery charge and all. My understanding is that she was within her rights to file in that parish even though she didn't live there, because I was living there at the time. But they incorporated my child support and visitation in the divorce in this parish and that is not where my son lives, he lives in the parish his mother lives in. Shouldn't the child support and visitation be done in the parish the child resides in? If so, can I do something about having that changed? This was all done over 10 years ago - the politically connected daddy is now in his grave and his name doesn't carry any weight in the parish my son and ex actually live in. My attorney at the time was actually scared when she heard my ex's family name and told me to just "take the deal" as is... what did I know, I'm just a working man, I know nothing of the law. I can't afford a lawyer at this time but wonder if it's feasible to have the parishes changed and re-evaluated in the parish my child resides in. I wouldn't worry about it so much except for the fact that I work a full time job while the ex sits on her butt at home doing nothing (she has a college degree, just doesn't want to work) and collects the child support which is extremely higher then some of my co-workers pay for their children. I know I could ask for a re-evaluation of the amount, but in what parish should I do that in and how do I change parishes if I can?
As long as one of you lives in the parish where the original orders were made, your case will remain in that parish.
 

Tom's Dad

Junior Member
Neither of us live in that parish now. She still lives in the parish we were in when married and I live in a different one then the one the order was filed in.
 

Tom's Dad

Junior Member
No, it was agreed to by the lawyers during the divorce and made a part of the divorce agreement along with the visitation.
 

LdiJ

Senior Member
I send them directly to her.
I would get a quick opinion from an attorney in your parish. Louisiana law works a tad bit different than the rest of the country and I think they could give you a better answer.

If you were in MY state I would be telling you to file in the county your child resided in if you wanted to modify support. However I cannot be certain that LA works the same way.
 

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