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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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In Louisiana, if parents have 50/50 custody (7 days on, 7

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In Louisiana, if parents have 50/50 custody (7 days on, 7 days off), does the father still have to pay child support? In this case, the father makes $120k a year while the mother makes only $40k.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Louisiana
JA: Has anything been filed or reported?
Customer: As in divorce? Divorce has already been declared. Child support has also already been set but the father currently works offshore. He will soon no longer be working offshore and wants to try to get 7/7 custody of his two children.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that is all.

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Is this custody arrangement:

-Already signed, or will be signed?

-Per an agreement, or, ruled on by the Court without the parties agreeing?

Customer: replied 2 months ago.
Child support and custody is already in effect by a Hearing Officer Recommendation.

That does not answer my question, I am afraid. Can you tell me if the custody arrangement is:

-already signed or will be signed?

-is per agreement, OR, will be/was ruled on by the Court when the parties could not come to an agreement?

Customer: replied 2 months ago.
Sorry, the arrangement in effect has already been signed and agreed upon by both parents.
The father will be seeking a modification of custody once he starts his new job.
Customer: replied 2 months ago.
The agreement was filed with the court in July of 2016.

No worries. Thank you.

You see, the Court will agree normally to whatever the parents agree to. Ergo, if the father has signed off on the arrangement and it contains child support, the Judge simply signed off on it, making it formal.

Now if the father is going for modification of custody, then he can ask to be the DOMICILIARY (meaning he makes major decisions for the child and the child lives with him at least ever so slightly more than with the other parent). IF HE GETS IT, then the mother will have to pay child support, even if he makes more.

If he does not get it, then she should not have to pay support.

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Customer: replied 2 months ago.
If they end up having 50/50 custody, but the mother is still the Domiciliary parent, then the father would still have to pay child support? Even though he has the children 50% of the time?

Yes, unless the mother waives child support.

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Customer: replied 2 months ago.
Thank you!!