Question about "LRS Title 9 Sec 315 Economic data and principles; definitions"
What is the name of your state?What is the name of your state?What is the name of your state?
Louisiana
Could someone explain this subsection of legislature to me, regarding child support:
"(c) The court may also consider as income the benefits a party derives from expense-sharing or other sources; however, in determining the benefits of expense-sharing, the court shall not consider the income of another spouse, regardless of the legal regime under which the remarriage exists, except to the extent that such income is used directly to reduce the cost of a party's actual expenses."
So, if I am reading this correctly...could NCP go into court & ask that since CP lives with her family (mother, mother's boyfriend, brother, 2 children by different fathers) in one house (in NO way could it be considered that CP is living apart from family), the benefits from the fact that she does not pay 100% of bills be considered as income? Or could it be considered that as her expenses are greatly lower than someone living on her own, her need for c/s is lowered?
To me, that subsection reads that if a person is "expense-sharing" (I would assume this means sharing the expenses of food, utility bills, rent, etc) and benefits from this (CP obviously is, as she would pay a lot more to live on her own, and it is to her benefit to live with her family so she can pay less of her c/s to bills) that it could be considered as income.
Am I getting this correct? I found this pretty interesting (if I am correct in how I am interpreting it, but I'm not a legal professional so I could be wrong) & was wondering if it was applicable to my husband's situation.
We figure CP pays MAYBE 0-25% of any & all bills (no more than this) in the household & she also receives certain govt. benefits (definetly WIC, Medicaid, perhaps food stamps as well, which further lowers her expenses). I know govt benefits can not be considered as income, but can they be considered in reducing expenses? The expenses of the house (rent, utilities, food) are unlikely very high as it is a very small 2 bedroom house (living in this are 4 adults, and 2 children).
Would the court be likely to compare expenses of the two parties? Or to just look @ hers & see that she has little in the way of actual expenses? For instance, while she lives with family & shares expenses, gets govt benefits & child support; my husband is the breadwinner for our family, we pay 100% of all household expenses, receive no govt benefits, I receive c/s from my boys dad, and we have a beautiful new daughter. He was also awarded 104 days a year in visitation, which also makes him eligible for a reduction in c/s (LA law says anything @ or over 73 days a year can be considered) b/c he pays for expenses related to frequent visitation ontop of supporting his child.
He is considering requesting a review for c/s (the mother also got a job) & knows he can ask them to recalculate on the basis of her job & his awarded visitation, but he'd like to know if he can ask that her "expense sharing" with her family also be factored in.
Thank you for any help
What is the name of your state?What is the name of your state?What is the name of your state?
Louisiana
Could someone explain this subsection of legislature to me, regarding child support:
"(c) The court may also consider as income the benefits a party derives from expense-sharing or other sources; however, in determining the benefits of expense-sharing, the court shall not consider the income of another spouse, regardless of the legal regime under which the remarriage exists, except to the extent that such income is used directly to reduce the cost of a party's actual expenses."
So, if I am reading this correctly...could NCP go into court & ask that since CP lives with her family (mother, mother's boyfriend, brother, 2 children by different fathers) in one house (in NO way could it be considered that CP is living apart from family), the benefits from the fact that she does not pay 100% of bills be considered as income? Or could it be considered that as her expenses are greatly lower than someone living on her own, her need for c/s is lowered?
To me, that subsection reads that if a person is "expense-sharing" (I would assume this means sharing the expenses of food, utility bills, rent, etc) and benefits from this (CP obviously is, as she would pay a lot more to live on her own, and it is to her benefit to live with her family so she can pay less of her c/s to bills) that it could be considered as income.
Am I getting this correct? I found this pretty interesting (if I am correct in how I am interpreting it, but I'm not a legal professional so I could be wrong) & was wondering if it was applicable to my husband's situation.
We figure CP pays MAYBE 0-25% of any & all bills (no more than this) in the household & she also receives certain govt. benefits (definetly WIC, Medicaid, perhaps food stamps as well, which further lowers her expenses). I know govt benefits can not be considered as income, but can they be considered in reducing expenses? The expenses of the house (rent, utilities, food) are unlikely very high as it is a very small 2 bedroom house (living in this are 4 adults, and 2 children).
Would the court be likely to compare expenses of the two parties? Or to just look @ hers & see that she has little in the way of actual expenses? For instance, while she lives with family & shares expenses, gets govt benefits & child support; my husband is the breadwinner for our family, we pay 100% of all household expenses, receive no govt benefits, I receive c/s from my boys dad, and we have a beautiful new daughter. He was also awarded 104 days a year in visitation, which also makes him eligible for a reduction in c/s (LA law says anything @ or over 73 days a year can be considered) b/c he pays for expenses related to frequent visitation ontop of supporting his child.
He is considering requesting a review for c/s (the mother also got a job) & knows he can ask them to recalculate on the basis of her job & his awarded visitation, but he'd like to know if he can ask that her "expense sharing" with her family also be factored in.
Thank you for any help