Question

  11/30/15, 2:02 pm
Hello, I live in Louisiana with my daughter who is 6 years old and her father has been in prison most of her life and recently got married but supposedly they live in Texas. Well I have been trying to get him to be consistent with helping me out with her for a very long time now. My question is if I put him on child support how does that work now that he is living another state and also can her income be included as his income because he doesn't work.
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United States   |   Louisiana  |  Family Law Divorce Child Custody and Adoption
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Answer

Donald Hyatt Says:

Dec 29,2015 1:41 PM

The key to your issue is the issue of jurisdiction, specifically whether you will have to pursue the child support in Texas or in Louisiana. If the father has truly moved to Texas you may well have to pursue the child support claims there. If he still actually resides in Louisiana or has significant contacts with Louisiana, such as working in Louisiana, it may be possible to pursue him for child support in Louisiana. Also, you do not mention if there are prior proceedings, such as custody or child support proceedings, which may give rise to continuing jurisdiction over him despite any move to Texas. You should see a family law practitioner in person to review the details and determine where you can proceed against him. The foregoing is intended as legal information concerning the question asked, but is not intended as legal advice upon which the requesting party may rely in guiding their actions. Rather, the requesting party should consult an attorney for a personal consultation and advice for a full consideration of their situation and rendition of legal advice. Additionally, by providing this general information I am not accepting any representation of the requesting party and I am specifically declining to form an attorney-client relationship with the requesting party unless agreed to later after further consultation and agreement.

Areas of practice listed are are areas of concentration in my practice. I am not board certified in any of the listed areas, and by listing them and describing my practice I am merely describing my experience and the nature of my practice.


Donald Hyatt
Donald L. Hyatt, II, APLC
633 Village Lane North, Suite 105,Mandeville, Louisiana (LA) 70471
504-813-6727
http://www.linkedin.com/in/donaldhyatt/

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Answer

Donald Hyatt Says:

Dec 29,2015 1:39 PM

The key to your issue is the issue of jurisdiction, specifically whether you will have to pursue the child support in Texas or in Louisiana. If the father has truly moved to Texas you may well have to pursue the child support claims there. If he still actually resides in Louisiana or has significant contacts with Louisiana, such as working in Louisiana, it may be possible to pursue him for child support in Louisiana. Also, you do not mention if there are prior proceedings, such as custody or child support proceedings, which may give rise to continuing jurisdiction over him despite any move to Texas. You should see a family law practitioner in person to review the details and determine where you can proceed against him.

Areas of practice listed are are areas of concentration in my practice. I am not board certified in any of the listed areas, and by listing them and describing my practice I am merely describing my experience and the nature of my practice.


Donald Hyatt
Donald L. Hyatt, II, APLC
633 Village Lane North, Suite 105,Mandeville, Louisiana (LA) 70471
504-813-6727
http://www.linkedin.com/in/donaldhyatt/

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