What is the name of your state? Louisiana
When child support is calculated in Louisiana, what income is the support based on? Specifically, if the non-custodial parent is the father, and he is remarried, is the amount of support on his minor child(ren) that is to be paid to the custodial parent based on his income alone or his plus his current spouse's income? I know that Louisiana is considered a "community property" state, but I have no idea if that has anything to do with the situation in question, child support. I ask because a friend is recently retired from the military and is seeking to have his child support recalculated and reduced. His active duty pay called for about $450.00 per month in support, and his post retirement pay will calculate out to about $175.00 or so in support payments per month. I am curious as to what his chances are of getting this, or any, reduction. In addition to being recently retired he is also recently remarried, and if calculated in, his current wife's salary would boost his retirement pay to well above that of his active duty pay. He is about 40 and currently unemployed, and I am sure that he will tend to try to get the court to believe that he cannot get other steady employment, although he has worked a few short term jobs since his retirement (likely paid in cash). All other things being equal, does anyone have an opion as to what his chances are of getting any reduction? My apologies if this is asked and answered...I tried unsuccessfully to search it, but my failure may well have been my inability to come up with proper search terms and not that a similar question does not exist in this database. Thanks!
When child support is calculated in Louisiana, what income is the support based on? Specifically, if the non-custodial parent is the father, and he is remarried, is the amount of support on his minor child(ren) that is to be paid to the custodial parent based on his income alone or his plus his current spouse's income? I know that Louisiana is considered a "community property" state, but I have no idea if that has anything to do with the situation in question, child support. I ask because a friend is recently retired from the military and is seeking to have his child support recalculated and reduced. His active duty pay called for about $450.00 per month in support, and his post retirement pay will calculate out to about $175.00 or so in support payments per month. I am curious as to what his chances are of getting this, or any, reduction. In addition to being recently retired he is also recently remarried, and if calculated in, his current wife's salary would boost his retirement pay to well above that of his active duty pay. He is about 40 and currently unemployed, and I am sure that he will tend to try to get the court to believe that he cannot get other steady employment, although he has worked a few short term jobs since his retirement (likely paid in cash). All other things being equal, does anyone have an opion as to what his chances are of getting any reduction? My apologies if this is asked and answered...I tried unsuccessfully to search it, but my failure may well have been my inability to come up with proper search terms and not that a similar question does not exist in this database. Thanks!