Can I go after my ex-husband's new wife for child support in Louisiana?
Asked by: Dr. Christ Buckridge MD | Last update: February 17, 2025Score: 4.5/5 (30 votes)
In Louisiana, child support is not dependent on the parent's spouse but rather the income of each biological parent. However, the courts may consider a new spouse's income if it impacts a parent.
Can my ex-wife go after my new spouse's income?
In general, the answer to your question is 'No -- your partner's ex cannot claim any money off you. Have a good read through the earlier comments and responses for more information.
Does child support go down if the father has another baby in Louisiana?
No, child support does not decrease for the first child is the father sires more children. If a man doesn't want to have to pay more support, he should keep his pants zipped.
Does my ex-husband's new wife have rights to my child?
Generally speaking, a recently new relationship doesn't hold much bearing on the existing child custody arrangement, unless the new partner is determined to somehow be a danger to the child's wellbeing.
Does stepparent income affect child support?
The income of a stepparent is rarely considered when calculating child support payments. California's legislation has a complex formula for deciding the amount of child support to be paid. It evaluates each parent's revenue, the time spent with the child by each of them, and their possible tax write-offs.
Can my Ex's new spouse pay me Child Support?
Does my new wife's income count for child support?
Under California law, for the most part, a new spouse's income is not used in the calculation for child support. It may only be considered when not doing so would cause extreme and severe hardship to the child involved. Usually, the calculation is made strictly using the parents' gross income.
Does a spouse's income affect child support in Louisiana?
Louisiana's child support statute requires that for a judge to include a second spouse's income in the “gross income” of a parent, the second spouse's income must be used directly to reduce the cost of the parent's actual expenses.
Can my ex-wife take money from my new wife?
If you have a joint bank account with your new partner, your ex may be able to claim funds from it to cover your missed payments. Generally, if you keep your income and assets separate from your new partner, they are safe from your spousal support payments and legal obligations.
What happens if you have a baby with someone else while married?
Either you or your spouse must file a Motion to Determine Child Born Out of Wedlock to ask the judge to revoke paternity. You can use the Do-It-Yourself Revoke Paternity Established by Marriage tool to prepare the forms you will need.
Can I keep my ex husband's new girlfriend away from my child?
To do so, you either need the other parent's agreement or evidence that their significant other is unsafe or unhealthy for your child's well-being. Just remember: any interference into your ex's personal life will be reflected in yours, too. The court will handle the situation equitably.
Does back child support ever go away in Louisiana?
Sometimes circumstances change, and parents fall behind on their required child support payments, which go into arrears. Arrears are unpaid or past-due child support payments owed to the domiciliary parent. Payments in arrears do not simply go away. Instead, the unpaid support will accumulate over time.
Can I reduce my child support payments if I have another child?
In the State of California, if a parent who pays child support has other children with another person, they cannot ask the court to reduce previously ordered child support to support his new children. For example, after David and Linda divorce, David is ordered to pay child support for the couple's minor child.
What is the minimum child support in Louisiana?
Usually the minimum support payment is $100 per month, but it can be less if the parent who pays is disabled or if you have split custody (each of you has primary care of at least one child).
Can I go after my ex-husband's new wife for alimony?
As a general rule, the new spouse is not directly liable for the other spouse's alimony. The alimony may be indirectly affected by the household income the new spouse brings to the union, but the new spouse is not responsible for paying the existing alimony obligation.
Can I go after my ex-husband's new wife for child support in New York?
Because remarriage alone doesn't entitle a parent to a modification of child support. Whether you, your ex, or both, have remarried, the new spouse has no duty to support your children from a prior marriage or relationship.
Will a prenup protect me from my husband's child support?
California prenuptial agreements cannot regulate child custody or child support.
What happens if you get married to someone who is already married?
The law states that marriage is a legal binding contract, and, by marrying again, you're breaking your contract and entering into the second illegally. Bigamy is a class C felony, which means that if you're convicted, you could receive a fine of up to $100,000 or imprisonment for up to 40 years.
Can a married woman claim child support from another man?
Generally speaking, child support is claimed from the biological parent of the child. If a married woman has a child with another man (who is not her husband), it's technically possible for her to claim child support from that man.
What if a married woman gets pregnant by another man?
In scenarios where a wife is pregnant by another man, determining child custody and support becomes a legally intricate process. The woman must deal with various aspects, including child custody arrangements, visitation rights, and child support calculations.
Can I go after ex-husband's new wife's income for child support in Florida?
Remarriage, by itself, does not affect a parent's obligation to support their child financially. But, a remarriage can bring about other factors that do affect child support. In Florida, a new spouse's income does not directly factor into a child support determination, but it can still have an impact.
Can my husband's ex-wife come after my money?
No. You have no obligation to her. You might want to keep your finances separate just in case the ex-wife tries to renegotiate her alimony, but that seems incredibly unlikely.
How can I protect my money from my ex wife?
- Consider a prenup (or a postnup): ...
- Document gifts and inheritances. ...
- Get your timing right if you do decide to leave. ...
- Don't knee-jerk liquidate. ...
- Review your estate plan. ...
- Avoid keeping everything in joint accounts. ...
- But don't hide assets.
What is the new child support law in Louisiana?
HB 337 Original 2023 Regular Session Carpenter Abstract: Eliminates the requirement of a minimum child support award. Present law (R.S. 9:315.14) prohibits a court from setting a child support award below $100 per month except in cases involving shared or split custody or a medically documented disability.
Can child support arrears be forgiven in Louisiana?
Arrears Remain Enforceable:
The termination of the current child support order does not erase any unpaid amounts that have accumulated. The non-custodial parent must continue making payments until the arrears are fully paid off.
Does Louisiana consider both parents income for child support?
In Louisiana, courts use a fixed formula to calculate child support. The formula is part of the Louisiana Child Support Guidelines. The formula uses the total amount of both parents' monthly incomes and the number of children they have to determine basic child support.