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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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In my divorce decree it was not stipulated what age child

Customer Question

In my divorce decree it was not stipulated what age child support payments were to stop. My ex-husband wants me to sign a document to be filed in court to notify his employer to stop child support payments. Will this have any bearing of me trying to collect arrearages for additional increase child support payments that was to paid by cash directly to me.
Should I sign these document?
Submitted: 1 year ago.
Category: Family Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

Are the kids 18 or graduated from high school here??Is the cash payment recorded anywhere, is it in the child support order?

Expert:  RayAnswers replied 1 year ago.

In Louisiana, child support can be terminated at age 18 if a child is no longer in high school. However, child support can continue until age 19 if the child is still enrolled in high school. See LARS 9:315.22. Further, child support may continue until age 22 if a child is developmentally disabled. It can also continue beyond age 18 if a child is placed under continuing tutorship by the court. However, absent any of those special circumstances, a child who is not in high school is not eligible for support after age 18 and a parent may petition to terminate child support at that time. So here if they have reached the age or graduated he could get it terminated in court.

If this is the case then you can sign the employer forms.This ahs no effect on any cash payments you are due it is only to have employer stop garnishment.But you could use this as leverage if he owes you cash here.I would want to get the cash before you sign off if you can.

Customer: replied 1 year ago.
she is eighteen and yes it was recorded in court records.
Expert:  RayAnswers replied 1 year ago.

So he can terminate the orders if you don't sign.If he owes you anything else here in terms of arrears signing the forms means you will not get anything from employer, cash is a side agreement and he may not follow through on that.If he owes you cash why not get him to pay up now, since once you release the employer no way to enforce it.

Expert:  RayAnswers replied 1 year ago.

Thanks again for the chance to help.If you can rate 5 stars it is always much appreciated.Have a great fourth of July.