Baton Rouge Child Support Lawyer

Child support is a child’s right to receive support for their well-being. In stressful court cases, discussions of further financial strain can become contentious and frustrating for both parents. It is important that child support provides for a child’s well-being while being fair. A Baton Rouge child support lawyer can help your family navigate this case and ensure the child’s best interests are at the forefront.

For Child Support That Is Not Too High or Too Low, Geaux Cascio!

When Louisiana parents do not live together, one of them usually must pay child support. Child support is necessary to help pay for the children’s needs, but it should not be more than the paying parent can afford. The Cascio Law Firm helps parents in Baton Rouge with all their child support matters, including getting a support order and enforcing or modifying it.

Attorney Chris Cascio has more than 20 years of experience. He is a committed and compassionate family law attorney who uses his skills to help parents and their children. When you need a dedicated attorney who will consider your family’s unique circumstances, the Cascio Law Firm can help you.

The Purpose of Child Support

Child support payments are meant to provide for a child’s needs, ensuring both parents financially contribute to the care and raising of the child, even when the custodial parent is responsible for the majority of a child’s daily needs.

Child support ensures both parents are financially responsible for schooling, food, healthcare, shelter, clothes, transportation, and other essential needs. These are costs that would primarily fall to the custodial parent without child support payments.

The Child Support System in Louisiana

Like most states, Louisiana’s child support law sets out a formula for determining how much support a noncustodial parent must pay to the custodial parent or directly to child care and other services. The basic principle is that the support should put the children in the same financial position they would have living in the same household as both parents at the same time.

The formula is based on factors like each parent’s gross income, how much time the children spend in each parent’s home per the child custody arrangement, and how many child support obligations the paying parent has.

It is typically the noncustodial parent who makes child support payments to the custodial parent. However, if the custodial parent earns significantly more income than the noncustodial parent, there may be cases where the custodial parent makes support payments.

Equal Custody

If parents have equal or near-equal physical custody and parenting time, the higher-earning parent is likely to be responsible for child support payments, or the parent with slightly less parenting time. Parents having equal income and equal parenting time does not necessarily mean there will be no support. There are some costs, like healthcare, that only one parent can pay, and so the other parent will have to pay child support.

Other Expenses

Some families will also have to consider extraordinary expenses, such as the medical needs of their child or because the child has a lifestyle they are used to from a higher standard of living. Child support will also consider these expenses when appropriate.

Many other unique circumstances can influence the calculation of support payments. An attorney is very beneficial in reviewing your unique financial circumstances and your custody arrangement to calculate a fair amount of child support and advocate for that amount with the court.

How Long Does Child Support Last in Louisiana?

Child support payments typically stop when the child receiving them turns 18 years old or is emancipated legally, including by being married. However, there are exceptions to this law. For child support awards made prior to January 1st, 2025, child support continues to be paid to a child that is 18, unmarried, or is a full-time student attending high school in good standing, and is financially dependent on either of their parents.

For child support determinations made after January 1st, 2025, the child support continuing for an unmarried, 18-year-old, full-time high school student is automatic. After a court hearing, the court may order continued child support for a minor child if the child has a developmental disability and is a full-time high school student. This child support can continue until the child is 22.

An attorney can help you determine which guidelines apply to your case and how they can affect the length of time child support is paid for.

Modifying Child Support Orders in Baton Rouge

Child support is based on a family’s financial circumstances, as well as how many children need support. These circumstances can change over time. For example, the paying parent could lose their job or get a large raise at work. The court is aware of the financial and personal changes families can go through that can make an existing court order no longer the right fit for your family.

Material and long-term changes in your financial circumstances, your co-parent’s, or your child’s can lead to a modification of an order. A change in custody can also result in a modification to a child support order. This ensures a child’s needs are covered and that the payment is fair to both parents.

You and your co-parent could agree on a modification to present to the judge. You may need to request approval for the modification from the court, or you may disagree with the modification your co-parent is requesting.

Outside of Court

Whether you and your co-parent make an agreement outside of court or you petition the court, the court must still approve the final modification if it is in the child’s best interests. When the case goes to court, the parent petitioning for modification must prove the need for the change with the court, in addition to proving that it is beneficial to the child. A skilled attorney can help you with these situations.

At the Cascio Law Firm, we can help with your modification. Chris can help you seek a change to an existing child support order. If your co-parent is not making payments as they should, Mr. Cascio will enforce your order in court.

Enforcement of Child Support Orders

When you are a parent who receives child support payments to care for your child, it can be incredibly stressful and financially straining to stop receiving payments from your co-parent. If this happens, you should discuss your situation with an attorney.

For some families, the first step is for you to talk with your co-parent. You may be able to discuss why they didn’t pay their support and what you can do to help them make payments. A modification may be needed if they are in financial hardship. However, not all families can resolve the issue this way. An attorney can help you look over other options, including taking the issue to court.

If you are a parent who cannot pay your child support, you should always find other options rather than refusing to pay the support. The court is willing to work with parents who want to financially support their children but are facing difficult financial circumstances. The court will be less lenient with parents who stop paying and make no attempt to rectify the situation. An attorney can help you talk through your options.

When a Co-Parent Stops Paying Child Support

When a parent does not pay their court-ordered child support, they can be held in contempt of court. If payments are made through the Louisiana Department of Children & Family Services (DCFS), you can contact their Child Support Enforcement Division for enforcement outside of court. The DCFS may also take action itself if it notes the nonpayment. An attorney can help you determine whether to contact the court or the DCFS.

These entities may take actions such as:

• Wage garnishment, meaning a portion of the paying parent’s paycheck is removed and sent directly to you to cover current and back child support
• Intercepting state or federal tax refunds to pay back the debt
• Suspending the paying parent’s driver’s license, professional license, or recreational license
• Taking other legal or administrative action

If your co-parent is held in contempt of court, they can be fined and even face criminal charges. This could result in imprisonment if the unpaid child support reaches a certain value. When you work with an attorney to enforce support orders, you can typically navigate the process more quickly and find the most effective resolution. Your attorney can help you get the support you need to care for your children’s well-being.

FAQs

Q: How Do I Fight Child Support in Louisiana?

A: During a child support case in Louisiana, you could fight child support with the advocacy of a skilled attorney. However, it’s important to understand that child support is the right of a child, and you are legally required to provide your children with support. If your co-parent is requesting an unfair amount of child support, an attorney can help calculate a fair amount that provides for your child without putting you in financial hardship.

Q: How Much Back Child Support Is a Felony in Louisiana?

A: A second offense of failing to pay child support for more than six months or more than $500 in Louisiana may be charged as a felony. The first offense may result in fines of up to $500 and/or imprisonment for up to six months, but does not have the option for hard labor, which would make it a felony. A second offense results in fines of up to $2,500 and up to two years of imprisonment.

Q: Can a Lawyer Reduce Child Support?

A: A lawyer may be able to reduce your child support payments if the amount requested is more than you can pay. However, an attorney cannot reduce support payments if the amount is appropriate, as that support is necessary to provide legally obligated care and support to a child. Your attorney can help you ensure the support amount is fair and help you modify support payments in an existing order if your financial circumstances change.

Q: What Is the Minimum Child Support Payment in Louisiana?

A: The minimum for a child support obligation in Louisiana, based on state law, is $100. This is the lowest possible monthly obligation based on a gross combined adjusted income of parents that is between $0 and $950. The minimum child support obligation can vary based on your and your co-parent’s income and how many children need support. For a combined income of $8,550, the minimum monthly payment for one child is $1,122.

Discuss Your Child Support Questions

Child support can be complex, and every family’s financial situation is unique. The right attorney can help you negotiate or litigate a child support agreement that is right for your family. Contact the Cascio Law Firm today to schedule a consultation about child support with Chris Cascio. The consultation is confidential, and there is no obligation.