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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118087
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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What is the law or is there a decision I can find Louisiana

Customer Question

what is the law or is there a decision I can find Louisiana supreme court decision on a child's right to have child support if the father is saying the mother can have the child if she signs away the right to have child support
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: louisiana
JA: Have you talked to a lawyer yet?
Customer: do not currently have a lawyer
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 8 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Actually, you are going to have a problem. Child support is awarded to the parent, not the child. The LA Supreme Court has stated, in order for such a waiver of benefits established by law to be valid, it must be expressly, knowingly and voluntarily made—the intentional relinquishment of a known right. Michel v. Efferson, 223 La. 136, 65 So.2d 115 (1953). The stipulation contained in the consent agreement in this case complies with these requirements; it expressly stated that by reason of "the joint consent and mutual agreement of both parties" the child support obligation could be altered or modified "without either party then having to prove any change in circumstances." See:

Aldredge v. Aldredge, 477 So. 2d 73 (LA 1985).

So the cases do not support what you are seeking to prove.