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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116733
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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In Louisiana, I was told the laws have changed on how they

Customer Question

In Louisiana, I was told the laws have changed on how they calculate child support. Is it true that they now factor in having to support other children of the father? Ones that were born after the child support was set, it was never calculated, they just agreed on an amount.
Submitted: 4 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Under LA Revised Statutes 9:315, they do indeed have a definition of "adjusted gross income" which is used for calculation of support that states:

"Adjusted gross income" means gross income, minus amounts for preexisting child support or spousal support obligations paid to another who is not a party to the proceedings, or on behalf of a child who is not the subject of the action of the court."

Thus, to answer your question this means the court is to consider any other preexisting support OR any support paid on behalf of a child who is not subject to an action of the court. Thus, you would need to file a motion to modify support and you would have to provide proof to the court of exactly what you pay in support for other children to have your adjusted gross income recalculated for purposes of the child support calculations.

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Customer: replied 4 years ago.

So, we would show our bills for vehicles/mortgage to show we are supporting our three children? What would we need to provide? We pay $500 right now. According to the chart I saw we should pay about $700 nothing else considered. We also cover my step son with private insurance. So, do you think it would be beneficial to us to file to have our child support adjusted?

Expert:  Law Educator, Esq. replied 4 years ago.
Thank you. I am afraid that you would have to prove the exact amount of support that is awarded to the children who are not part of the current support case. If you can prove a specific amount of actual child support being paid for other children, then a motion to modify support is in order to ask the court to recalculate the other support. However, if you are just counting regular living expenses raising your current children, this is not what the law was contemplated for, it was to give a paying parent who was actually paying support for other children as well some credit towards that support.