Best Child Support Lawyers in Lafayette

About Child Support Law in Lafayette, United States

This guide focuses on child support in Lafayette Parish, Louisiana. Child support is a court order that requires one parent to contribute to the financial needs of a child. In Louisiana, child support is governed by statewide statutes and guidelines and local cases are heard in the 15th Judicial District Court for Lafayette Parish. The Louisiana Department of Children and Family Services Child Support Enforcement program can help establish paternity, set and enforce support orders, and collect payments. Orders are tailored to each family and are based on the income of both parents, the needs of the child, and custody arrangements.

Why You May Need a Lawyer

You may benefit from hiring a lawyer if your case involves contested paternity, complex income such as self employment or cash earnings, a dispute over the amount of support, allegations of underemployment, changes in custody that affect support, interstate issues when a parent lives outside Louisiana, enforcement problems such as significant arrears or license suspension, or modification requests based on a substantial change in circumstances. A lawyer can help you calculate guideline amounts, gather and present proof of income and expenses, negotiate or mediate a settlement, prepare for hearings, and ensure court orders accurately reflect your situation and comply with Louisiana law.

Local Laws Overview

Louisiana uses the income shares model to calculate child support. The court estimates what the parents would have spent on the child if they lived together and then divides that obligation between the parents according to their gross income. The calculation is guided by the Louisiana Revised Statutes, primarily Title 9, and the state child support guidelines.

Gross income generally includes wages, salaries, commissions, bonuses, overtime when it is regular, self employment income, and certain benefits. The court can impute income if a parent is voluntarily unemployed or underemployed. Mandatory deductions and pre existing court ordered support may be accounted for in the worksheet. Work related child care costs and the cost of health insurance for the child are added to the basic child support obligation. Uninsured medical expenses are typically allocated between the parents in the order.

Custody affects support. In sole custody or when one parent has the majority of overnights, the guidelines produce a base amount owed by the non domiciliary or non majority time parent. In shared custody, where the child spends substantial time with each parent, the guidelines include a specific adjustment that accounts for the increased cost of maintaining two homes. In split custody, where each parent has primary custody of at least one child, the court calculates separate obligations and offsets them.

Support usually lasts until the child turns 18. It can continue to age 19 if the child is a full time high school student and dependent on a parent. Support can continue for a child with significant disabilities who cannot support themselves. College expenses are not automatically required unless the parties agree or a specific statute applies.

Orders can be set through the 15th Judicial District Court or administratively through the Department of Children and Family Services. Wage withholding is standard in Louisiana. Support is typically retroactive to the date the action was filed. Arrears can accrue interest and may be enforced through contempt, income withholding, liens, tax refund intercepts, license suspensions, and other remedies. Parents must keep the agency and the court informed of address and employment changes.

Either parent can request a modification if there is a material change in circumstances, such as a significant change in income, changes to custody or parenting time, or new health care costs. Interstate cases are handled under UIFSA, which ensures one controlling order and allows interstate enforcement and modification under specific rules.

Frequently Asked Questions

How is child support calculated in Lafayette Parish

Courts and the state agency use Louisiana guidelines that start with both parents gross incomes, determine a combined basic obligation from a statutory schedule, then divide that obligation in proportion to each parent’s income. Health insurance for the child and necessary work related childcare are added. Adjustments apply for shared or split custody. The final amount becomes the monthly support order.

What counts as income for child support

Income includes wages, salaries, tips, commissions, bonuses, overtime that is regularly earned, self employment income after reasonable business expenses, rental income, unemployment benefits, and certain disability or retirement benefits. The court can average fluctuating income and may impute income if a parent is voluntarily unemployed or underemployed.

When does child support end in Louisiana

Support generally ends at age 18. It can continue up to age 19 if the child is a full time high school student and dependent. It may continue beyond that for a child with significant disabilities who cannot support themselves. A court order or written agreement can also set different terms.

Can a support order be retroactive

Yes. Initial child support is usually retroactive to the date the request was filed in court or with the agency. The court can also award a specific amount of retroactive support based on the child’s needs and the parents’ ability to pay during the retroactive period.

How do I change an existing child support order

You must show a material change in circumstances, such as a significant change in either parent’s income, changes in custody or overnight time, loss of employment, or new medical or childcare costs. File a motion to modify in the 15th Judicial District Court or request a review through the Department of Children and Family Services. The court will look at updated financial information and apply the guidelines again.

What if the other parent will not let me see the child

Child support and visitation are separate issues. You must continue to pay court ordered support even if visitation is being denied. To address visitation problems, file an appropriate motion in the same court handling custody. Do not stop paying support without a court order, as arrears and enforcement actions can result.

What happens if a parent does not pay

Louisiana can enforce through wage withholding, interception of state and federal tax refunds, liens on property, suspension of driver’s and professional licenses, passport denial, credit reporting, and contempt proceedings that may include fines or jail in serious cases. Interest may accrue on unpaid amounts. Contact the agency or the court promptly if you fall behind.

How is paternity established

Paternity can be established by an Acknowledgment of Paternity signed by both parents or by a court order after genetic testing. Establishing paternity is required before a court can order child support for a child born outside marriage.

Does shared custody mean no child support

No. In shared custody, the guidelines apply a specific adjustment that considers the increased costs of two households and each parent’s share of time and income. One parent may still pay support to the other to balance the child’s needs across both homes.

Can the support amount deviate from the guidelines

Yes. The court can deviate if applying the guidelines would be unjust or not in the child’s best interest. Reasons can include extraordinary medical or educational needs, substantial travel costs for visitation, or other special circumstances. The court must state the reasons for any deviation in the order.

Additional Resources

Louisiana Department of Children and Family Services Child Support Enforcement - Helps establish paternity, set and enforce support orders, and collect payments. You can apply for services even if you do not receive public assistance.

15th Judicial District Court for Lafayette Parish - Handles child support, custody, and family law cases. The Clerk of Court can provide filing information and forms.

Acadiana Legal Service Corporation - Provides free or low cost civil legal help to eligible individuals in the Lafayette area, including family law and child support matters.

Lafayette Bar Association and local lawyer referral services - Can help you find a private family law attorney experienced in child support cases.

Louisiana State Bar Association - Offers lawyer referral and information about finding qualified family law counsel.

Louisiana Law Help and family court self help resources - Provide plain language information and forms related to child support and family law in Louisiana.

Next Steps

Clarify your goals and gather documents. Collect recent pay stubs, W 2s and tax returns, proof of childcare and health insurance costs, and any custody orders. Accurate financial documents are essential for guideline calculations.

Decide how to proceed. You can apply for help from the Department of Children and Family Services or hire a private attorney to file directly in the 15th Judicial District Court. Agency services are often low cost and effective for many cases. Complex or contested cases may benefit from private counsel.

Schedule a consultation. Speak with a Lafayette area family law attorney about your facts, likely guideline range, and strategy. Ask about fees, timelines, and what to expect at hearings. If you cannot afford an attorney, contact Acadiana Legal Service Corporation to check eligibility.

File and serve your case. Whether through the agency or the court, make sure the other parent is properly served. If paternity is not established, request genetic testing early to avoid delays.

Prepare for your hearing. Complete the child support worksheet, organize exhibits, and be ready to explain income, childcare, health insurance, and custody time. Bring proof for every number you include.

Follow the order and keep records. Use the designated payment system so your payments are tracked. Keep receipts and communication records. Report job or address changes promptly to the agency and to the other parent as required.

Seek modification when circumstances change. If your income or custody shifts significantly, file to modify as soon as possible. Modifications are usually not retroactive before the filing date, so do not wait.

Get help if enforcement is needed. If payments are not being made, contact the agency or your attorney about enforcement options, including wage withholding and court remedies. Acting quickly can limit arrears and resolve problems sooner.