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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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my husband took his xgirlfriend to court last nov 15 2007 ...

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my husband took his xgirlfriend to court last nov 15 2007 for a reduction because his oldest turned 18 in october and quit school in january 2006. she brought with her paperwork that me and my father not my husband has our name on it not his and the judge would not my a ruling until the matter is cleared up. it clearly stated he is an inventator on the piece of paper. this has been dragged on still today 07/01/2008. he has brought his last 4 years tax returns in to show how much he makes and she claims no body in her family works they live off of air. we feel that our attorney isn''t doing his job and ask the right questions. i need some advice to look out for us and ask the attorney why he isn;''t doing this or doing this. please let me know. thanks, renee
Submitted: 6 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 6 years ago.
Your attorney should be conducting discovery and asking her to produce records of all of her income. If she is getting government assistance, she should provide that under discovery also. These matters can drag on for some time and it may not be your attorney's fault. Your attorney should be trying to dig up as much information on her income as possible. However, once a child turns 18, there should not be any dispute over the continuance of support payments since they are generally supposed to terminate at 18 or completion of high school. If you are not satisfied with the services of your attorney, you have the right to find another attorney and terminate those services.


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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 91803
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 7 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
the last time we were in court last friday i had suggested for him to get the oldest off and that would leave the one and use the formula that she has alwasys used in the past for employment amount and she should owe his a credit for paychild support for all thes e months that he should have not been responsibe to pay and he come back with he is due a credit but they don't know what to base the childsupport on today. when i went to court with the same people me and my ex they went with what he said that he is making and i had to hired an expensive cpa to decifer what he really made. i just don't know why she couldn't do the same here just to get the oldest som off of his leg.
Expert:  Law Educator, Esq. replied 6 years ago.
I do not understand either, since the support payments for the 18 year old should be terminated by Louisiana law (19 at the latest if the child is still attending High School). Your husband should be entitled to credits for over payment on that support. The courts are supposed to look at net income of both parties to determine support based upon adjusted gross income of both parents. Goto http://www.dss.state.la.us/departments/ofs/Child_Support_Award_Guidelines.html to determine how much he should be paying. Again, if your attorney is not working for you, then you should seek a new attorney and it is your right to do so.
Customer: replied 6 years ago.
one more question which is we own a business that is inc. and it pays each of us a check at the end of the week and both checks are deposited into his account and mine. i have sent all of his bank statements for the past three years which shows the amount the company is paying him. he has been doing this line of work for quite sometime and he is definitly underpaid nomater who he works for things are really slow in this trade which is in construction. he never made good money when he was with her and still not making good money with me either. he is very valueable for his business, but the business can't pay him what he is really worth. i called around my compitation and they told me the same thing. he is worth more than they can pay him. to me he is worth a million dollars for this business, but it can only pay his a set salary and pay for his health, truck, phone, and he can never have a vacation. if he does he does not get paid for it. we fill with the irs at the end of the year with a cpa and after everything is said and done she has him making aroud 25,000.0.if this is all the company can pay what can they say. they telling his attorney that with his knowledge he should be making 100,000.00 a year.
Expert:  Law Educator, Esq. replied 6 years ago.
He can only make what the market will pay. Your attorney should provide affidavits from the other companies you have spoken to regarding what they would be able to pay him if he went to work for them. The court should be aware that the economy has been bad and salaries are not what they should be and cannot expect him to make a salary that no place in the similar line of work is willing to pay.

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Law Educator, Esq.
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