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Lauren Coleman’s Answers

3,308 total


  • How can I prove that non custodial parent is underemployed to avoid paying total amount of CS?

    We have a court order in the divorce, so he has to pay some amount of money, 800 a month. After six months, he lost his job bc of bad behavior, and was using unemployment benefits. He is living with his parents, and does not pay rent or food. ...

    Lauren’s Answer

    Unless he files for a reduction in child support, the prior judgment continues in effect. You stated he is not looking for a job, but that is a requirement of receiving unemployment so he has satisfied the requirement sufficiently or he would not be receiving unemployment. As Mr. Hampton correctly stated, the court will use his past employment history to calculate his earning potential and base child support on that.

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  • I'm so confused and don't know where to start?!?

    I was asked by my father to move into my grandmothers house almost 4 yrs ago(she was in the nursing home, not able to live alone any longer). The taxes hadn't been paid in almost 4 yrs, So We redeemed it from a tax sale, we have renovated, cut tre...

    Lauren’s Answer

    Your cousin's rights depend upon what the current valid will says. No one can give you advise without first determining if the will is valid and second what disposition it makes of the property. You may be able to file paperwork in the succession once someone opens one and make a claim for the improvements you did to the property. All the oral statements your grandmother made before her death are not valid, only a written will is a valid way to transfer property at death.

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  • What can I get, if anything at all?

    We have been married for 2 and half years. During those years my husband was injured and a lawsuit was filed. He has won the case and do to receive a check for him self in the amount of $250, 000. No he wants a divorce and says his lawyer says I'...

    Lauren’s Answer

    Mr. Hassletine is correct. Generally a personal injury award is for injuries and those funds are his separate property. Any portion of the settlement for past wages is community property as is any portion for damages to community property such as a vehicle. You need to consult an experienced family law attorney to help you with this matter.

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  • I have a question about the new domestic violence law in Louisiana

    I got a divorce a year and a half ago but did not have records of my abuse with me. I did have one record with me but was treated so badly by the judge that I forgot to show it because I was in tears. How do I go about getting the spousal support ...

    Lauren’s Answer

    I agree with Mr. Hampton regarding the new domestic abuse laws. But most likely they will not apply in your case since the laws are only effective from when enacted.

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  • Can I receive spousal support if I choose not to divorce my cheating husband?

    My husband moved a women into the house and had me and my grandkids to move out. He had this house when I moved in over 10 years ago. Did he have a right to kick us out after he signed to help me care for them through Office of Child Services?

    Lauren’s Answer

    No. You can receive child support without filing for divorce but no spousal support. There are two types of spousal support in Louisiana, temporary and permanent or final. Temporary is based upon your need and his ability to pay. Permanent is based upon you being free from fault, in need and his ability to pay. His fault does not matter as to your entitlement to spousal support.

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  • Can I petition to disvowal paternity without a divorce or legal separation???

    We have been separated for almost two years but not legally. My wife is pregnant the child is due in 2 months, and its NOT mine... the biological father knows and want to step up completely! So My question is can I file to disvowal paternity witho...

    Lauren’s Answer

    The same attorney can do both the divorce and disavowal. If the other parties are cooperative it will make it less expensive and easier. Contact an experienced family law attorney to help you as even though the divorce is simple the disavowal is a more complicated proceeding and must be done correctly to be effective.

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  • Can I file for temporary custody of my daughter since the father isn't on the birth certificate?

    My daughter is 3 years old and has been with me since the day she was born. I tried working things out with her father thinking it was for daughters best interest and things went sour not even 2 months of us getting back together. When going to ge...

    Lauren’s Answer

    Unless there is a valid custody judgment you have the right to have physical custody of your child. If there is a valid custody judgment, then you will have to file a motion for contempt of court to have him return the child to you.

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  • How can I regain custody of my child after signing temporary guardianship over to my mom?

    I voluntarily gave my mom temporary guardianship of my child because I was unable to care for her at the time. I am now stable and would like to have my child back. She is now refusing communication and unwilling to return custody to me.

    Lauren’s Answer

    It depends upon how you granted her temporary custody. If you granted her custody by way of a custody by mandate, then such a document expires one year from when it was granted and it may now be expired. If you granted custody and a judge signed a custody order, you will need to file a motion to modify that custody.

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  • Filing a succession in Louisiana without an attorney. What paper work is needed to file?

    Husband passed away in April. Need to see about this put have little to no income because of social security. Any help would be useful.

    Lauren’s Answer

    Although there is no requirement to have an attorney prepare the documents for a succession you should not attempt to do this without the advise and help from an attorney. Contact an experienced probate attorney and he or she may be able to provide you with alternatives that may not be expensive.

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  • Looking for a QDRO form for assigning an "alternate payee"

    Married 22 years to person, whom married again for another 10 years. Second wife in QDRO in Divorce decree. My divorce paperwork (1994) does not have a QDRO (neither of us even KNEW about a QDRO). Ex-husband is "willing" to add me as "alternate...

    Lauren’s Answer

    You need to contact a family law attorney to prepare the QDRO. There are also some firms that will prepare the QDRO for you though they usually do not claim to be attorneys. A QDRO is highly technical and should be handled by an attorney familiar with family law and division of pensions in Louisiana.

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