Sometimes,Divorce,Lawyers,Cann law Sometimes Divorce Lawyers Cannot Offset Child Support in Lou
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In Louisiana a parent who does not havecustody of their child, or the non-domiciliary parent when there is jointcustody, may owe child support. This is themoney, divorce lawyers will likely contend, which the child requires to live areasonably comfortable life.In instances where one parent owes childsupport, they may be able to offset the amount of that payment by providing forthe child while they have custody of them. If that parent meets certain requirements under Louisiana law, such ashaving custody of the child for a certain amount of days per year, or reducingthe amount of money the domiciliary parent would have to pay to having custody,then the non-domiciliary parent may have a claim to credit their child supportaward accordingly. The authority to doso comes from Louisiana Revised Statute 9:315.8. Lets look at some examples to see how thisstatute might be instructive for divorce lawyers.Lets say that Mark and Diane have beenmarried for twelve years. They have onechild from the marriage: Dave. Dave isten years old. Each seeks representationfrom one of the local divorce lawyers, and eventually Diane and Mark enter intoa joint custody arrangement. As part ofthis arrangement, Diane is named the domiciliary parent.Mark has custodial rights over Dave, buthe does not take full advantage of them. Mark has a very busy career and he finds it difficult to make time tosee his son. Technically Mark has tendays a month of visitation over Dave, but he rarely uses all of this time. Most of his contact with Dave occurs when hepicks his son up from school. He makes apoint to pick Dave up every day from school, even during the days which he doesnot have custody. However after pickinghim up, Mark drives him to his mothers house.Now lets say that Mark thinks he ispaying too much in child support. Hewants a credit against the amount he owes Diane and he seeks advice from one ofhis former divorce lawyers. Under Louisiana Revised Statute 9:315.8, Mark does not have agreat argument. The main reason is thatMark simply does not spend enough time with his son to qualify. 315.8 requires that the parent have custodyof their child for more than seventy-three days to qualify for the credit. In order for a day of custody to count,then that parent needs to have spent at least four hours with the child. Even though Mark sees Dave almost every day,he does not spend the requisite amount of time with Dave in his custody.That said, otherportions of the Revised Statutes, such as 315.6,recognize that the transportation costs of transferring the child to the otherparents custody may be relevant in affixing child support awards. It is not clear from the above examplewhether or not Mark would qualify and whether divorce lawyers would fullyunderstand whether Mark is entitled to a reduction.This above is informational only, notlegal advice. Will Beaumont. New Orleans.
Sometimes,Divorce,Lawyers,Cann