May a spouse transfer all her assets to her husband leaving her with no probate estate and no assets? I assume there is no LA gift tax on this. Also, would she be forced to elect against the will for medicaid purposes if all assets can be transferred to the dying husband?
This is really more of an “estate planning” question than a family law question, so my best recommendation is to contact a Louisiana estate planning lawyer, and ask for a free initial consultation. Here is a list of estate planning legal specialists in Louisiana.
I won and award last year for pain and suffering in the amount of 1.6 million …..I want to get a divorce now.. Is my husband entitled to half on that ? We live in Louisiana.
It all depends. Generally speaking, a pain and suffering award is considered personal and separate property. You should see an attorney and review your fact specific case with him/her.
I have sole legal/physical custody of my 3-yr old daughter. I live in LA, her father lives in CA(?). She currently carries his last name, but we haven’t seen nor heard from him in 2-yrs. I would like to change her last name to mine or, at the very least, hyphenate it to add mine.
Can I do this without his consent since the courts have granted all legal/physical custody to me with no visitation to him?
I need to know my rights. I have joint custody of my 10- year old, and visitation was set over 8 years ago. Both of our lives have changed and her father is stating things and keeping her without my permission. I am homeschooling my child and do not work. I cannot afford a lawyer and legal aid could take up to six months. I would like to get some literature on my rights. Where should I start? Please do not tell me to hire a lawyer. I would like some education.
I left my husband in november 2009. I have been living with my mother. The marital home is my separate property. My ex refuses to vacate my home. I filed a rule to show cause October 28, 2010 in family court why he thinks he should not vacate the home. I have been paying my mortgage note for the last 12 months. Do you think the judge will order him to move out. My divorce was final in August 2010.
You are going to have to look at LA RS 9:355.1. That statute governs relocation of parents with minor children. There are specific prohibitions against moving without consent of the other parent. Make sure that you abide by the statute, or you may find the court ordering you (or the other parent) to return the minor children to the jurisdiciton of the court.
I am A grand parent and I was sharing joint custody with the other grandparent. Even though they found out two years ago that the father is not her biological father the judge granted the other grand parent full coustody with only one week end A month for me. How can the law allow the non biological family full custody?
My sister passed away 9years ago and I was given custody of her kids,the others for grown but I have a 9 year old that I am still raising….and I want to live my live child free now ……so what legal steps would i have to take to get her out of my custody and home…..I know this sounds very cold but these kids have made my life a living hell and i can take another 9years of caring for this child.
I’m engaged,and my fiancé has a three year old from a previous relationship and she has been sending her to day care and owes the day care $3,000 but she was using her child support to pay and the amount owed is the amount he owes in child support. Now the daycare is not going to continue to let her go and now she will have to stay home,but the father said he will hold her in contempt unless she sighns a paper saying he can pick her up when ever he wants what should we do?
Child support and child visitation are two totally different things and can’t withhold on one because of the other. If there is an order for both, and isn’t paying child support then you can go back and enforce it, but if there is orders also for visitation you can’t stop him from seeing his child, unless papers state otherwise.
My wife and her ex- boyfriend have a daughter(my step Daughter) the current rotation between homes is 7 days and 7 days. Last night I noticed her speaking with her Mother in the Garage Crying. When I asked what was wrong my 14 yr old Step daughter stated she did not want to go back to her Dads and would like to live with her mother and just visit her Dad. At what age will the court hear her oppinion ?
I live in Louisiana.
This is my 2nd marriage. My husband had a mortgage on the home we live in prior to our marriage. When we married we had joint bank accts and therefore, I helped pay for the mortgage. 2 yrs later we refinanced the mortgage, with adding a large addition to the home. The current loan is in both names, however, the court records only indicate my husband on the property. Do I have a right to half the home equity from the time we joined bank accts, or do I not have a right to 1/2 the property since my name is not filed on the property, only the loan, in the Clerk of Court.
I am involved in a paternity suit now. I was ordered to take a DNA test and I have. I am waiting for the results to arrive in the mail. I know my luck and this child, who I havent ever seen and is 14 years old, is going to be mine. I have two questions. First, I am engaged to be married. Will my spouses income be counted when it comes to child support? Secondly, I have been attending college for the last 8 years. I have been working the entire time. I have been paying down my bills as much as I can so I could take a leave of absence from work and finish my degree. If I were to stop working and finish school, I could do it in two years. So I would still be making support payments after that. I am not trying to get out of payments. I just want to graduate. Is it possible to stop work and attend school full time. No support order is in effect yet. Also, if I am not working, would my spouses income count then? Thanks……Im in Louisiana also
No they dont look at your spouses income. And if these services are through the state, it takes 4 to 6 months togo to court. And they check your income by ssa over a period of 18 months. Perhaps if and when you do get ordered to pay it would fe based on that. You can also look up dept of social services and child support enforcement abd if you know your gross monthly income they have a chart andsee how much you would pay.
A couple are divorced with children and the eldest daughter is not the fathers biological daughter but he has raised the girl since she was 3 months old, he was awarded joint custody of all children. Now the mother has informed the daughter that she isn’t the fathers biological child and has introduced her to the biological father. Does the biological father have any rigts to the daughter? Did the mother violate any laws since she went against the fathers wishes not to have the child put in a situation like this at this time? What can be done to keep the biological father away from the daughter? Since he didn’t want anything to do with her since the day she was born.
How can I get donated real estate to a minor children resolved?My ex donated to our daughter& her 2 children.Our daughter donated it back to me.I have found out that the children are still on the deed as owners.I need work done on my house,but can’t get it done becauseof the minor children.My hands are tied for future endeavors.What can be done,please?
I live in the state of Louisiana. I am not married but have been living with my childrens father for 3 years. We have a 7 year old that I have sole physical custody of. This was granted to me when I was living in California. We also have a 2 year old who was born in Louisiana. Can I relocate back to California without filing any papers for my 2 year old? Will I be breaking any laws?
I live in Louisiana. And I have joint custody with my oldest son. We do every other week. But i have another son with my current boyfriend. Is it against the law in Louisiana to live with the father of my second son if we are not married?
My husband and I live in Louisiana. He shares joint custody of his 2 children, my step children, with his ex girlfriend but he is the domiciliary parent. She lives 25 hours away and only gets them 7 weeks a year. The problem is that the custody decree states that no one of the opposite sex is allowed to stay overnight unless they are married. Well, her boyfriend has been living with her for over a year now. This is only one of the rules she is breaking. I can’t afford a lawyer right now but would like to know what steps i should take to make her follow the rules for the safety of the kids.
Hi someone called caps on my husband and I stating our home was a mess(it had gotten messy because it was hard for me to clean and pick up stuff due to chronic back pain from an accident) the caseworker came and had us clean. We had cleaned and everything was fine but the person called again stating we are in drugs.. the same case worker came but this time she was extremely mean the house was still clean.. it was in the same condition it was in when she ok’d it.but she came telling us she is taking my sons and the house is deplorable.she threatened us several times telling me if I don’t stop crying she will take my boys into state. Telling us that we are just making excuses and if we sent quiet she will take them into state. She placed my sons with their grandmother. I called her supervisor to see about getting a new case worker he said he would address our issues and get back to me. Well the following day she came to the house saying that since I called her supervisor to complain she might be taking my boys into state. I don’t know what to do the house is clean but she is saying it isn’t she isn’t treating us fairly and I’m scared if I go to her supervisor again it’ll just make her angrier. I was under the impression they had to have a court order to come into my home and that they have to have a warrant or court order to take the boys but she and her supervisor told me they don’t need on! I’m confused as to if they do need one or not and is there anyway to get a new caseworker??! I love And miss my boys and I just want the home
I have a 17 year old son who is still in high school. He left home/moved out without our permission and is staying at a friend’s house. I’m confused about the law in Louisiana. Can he legally leave/move out without our permission? Can we or the sheriff’s make him come home? If the answer is no we can’t make him come home then are we still legally responsible for him and if so why?
-194x58-zc-ns.jpg){kind=logo}
May a spouse transfer all her assets to her husband leaving her with no probate estate and no assets? I assume there is no LA gift tax on this. Also, would she be forced to elect against the will for medicaid purposes if all assets can be transferred to the dying husband?
Thanks!
This is really more of an “estate planning” question than a family law question, so my best recommendation is to contact a Louisiana estate planning lawyer, and ask for a free initial consultation. Here is a list of estate planning legal specialists in Louisiana.
I won and award last year for pain and suffering in the amount of 1.6 million …..I want to get a divorce now.. Is my husband entitled to half on that ? We live in Louisiana.
It all depends. Generally speaking, a pain and suffering award is considered personal and separate property. You should see an attorney and review your fact specific case with him/her.
I have sole legal/physical custody of my 3-yr old daughter. I live in LA, her father lives in CA(?). She currently carries his last name, but we haven’t seen nor heard from him in 2-yrs. I would like to change her last name to mine or, at the very least, hyphenate it to add mine.
Can I do this without his consent since the courts have granted all legal/physical custody to me with no visitation to him?
You can seek to have the Court modify the birth certificate to reflect your last name. See LSA-RS 13:4751 (C)(2).
I need to know my rights. I have joint custody of my 10- year old, and visitation was set over 8 years ago. Both of our lives have changed and her father is stating things and keeping her without my permission. I am homeschooling my child and do not work. I cannot afford a lawyer and legal aid could take up to six months. I would like to get some literature on my rights. Where should I start? Please do not tell me to hire a lawyer. I would like some education.
I left my husband in november 2009. I have been living with my mother. The marital home is my separate property. My ex refuses to vacate my home. I filed a rule to show cause October 28, 2010 in family court why he thinks he should not vacate the home. I have been paying my mortgage note for the last 12 months. Do you think the judge will order him to move out. My divorce was final in August 2010.
Louisianan Child Custody Law: Are there any restrictions for a mother to leave her husband and move to another state with her minor child?
Unless there are papers stating that no one can move or leave the state.
You are going to have to look at LA RS 9:355.1. That statute governs relocation of parents with minor children. There are specific prohibitions against moving without consent of the other parent. Make sure that you abide by the statute, or you may find the court ordering you (or the other parent) to return the minor children to the jurisdiciton of the court.
I am A grand parent and I was sharing joint custody with the other grandparent. Even though they found out two years ago that the father is not her biological father the judge granted the other grand parent full coustody with only one week end A month for me. How can the law allow the non biological family full custody?
My sister passed away 9years ago and I was given custody of her kids,the others for grown but I have a 9 year old that I am still raising….and I want to live my live child free now ……so what legal steps would i have to take to get her out of my custody and home…..I know this sounds very cold but these kids have made my life a living hell and i can take another 9years of caring for this child.
release her into the state custody.
Wow you are a piece of crap lady
I’m engaged,and my fiancé has a three year old from a previous relationship and she has been sending her to day care and owes the day care $3,000 but she was using her child support to pay and the amount owed is the amount he owes in child support. Now the daycare is not going to continue to let her go and now she will have to stay home,but the father said he will hold her in contempt unless she sighns a paper saying he can pick her up when ever he wants what should we do?
Child support and child visitation are two totally different things and can’t withhold on one because of the other. If there is an order for both, and isn’t paying child support then you can go back and enforce it, but if there is orders also for visitation you can’t stop him from seeing his child, unless papers state otherwise.
My wife and her ex- boyfriend have a daughter(my step Daughter) the current rotation between homes is 7 days and 7 days. Last night I noticed her speaking with her Mother in the Garage Crying. When I asked what was wrong my 14 yr old Step daughter stated she did not want to go back to her Dads and would like to live with her mother and just visit her Dad. At what age will the court hear her oppinion ?
Usually age 12! But some judges will ask the children and see what they want and what is in the best interest of the child.
I live in Louisiana.
This is my 2nd marriage. My husband had a mortgage on the home we live in prior to our marriage. When we married we had joint bank accts and therefore, I helped pay for the mortgage. 2 yrs later we refinanced the mortgage, with adding a large addition to the home. The current loan is in both names, however, the court records only indicate my husband on the property. Do I have a right to half the home equity from the time we joined bank accts, or do I not have a right to 1/2 the property since my name is not filed on the property, only the loan, in the Clerk of Court.
Just the equity, if any, since the date of marriage! Unless stated in anything.
I am involved in a paternity suit now. I was ordered to take a DNA test and I have. I am waiting for the results to arrive in the mail. I know my luck and this child, who I havent ever seen and is 14 years old, is going to be mine. I have two questions. First, I am engaged to be married. Will my spouses income be counted when it comes to child support? Secondly, I have been attending college for the last 8 years. I have been working the entire time. I have been paying down my bills as much as I can so I could take a leave of absence from work and finish my degree. If I were to stop working and finish school, I could do it in two years. So I would still be making support payments after that. I am not trying to get out of payments. I just want to graduate. Is it possible to stop work and attend school full time. No support order is in effect yet. Also, if I am not working, would my spouses income count then? Thanks……Im in Louisiana also
No they dont look at your spouses income. And if these services are through the state, it takes 4 to 6 months togo to court. And they check your income by ssa over a period of 18 months. Perhaps if and when you do get ordered to pay it would fe based on that. You can also look up dept of social services and child support enforcement abd if you know your gross monthly income they have a chart andsee how much you would pay.
A couple are divorced with children and the eldest daughter is not the fathers biological daughter but he has raised the girl since she was 3 months old, he was awarded joint custody of all children. Now the mother has informed the daughter that she isn’t the fathers biological child and has introduced her to the biological father. Does the biological father have any rigts to the daughter? Did the mother violate any laws since she went against the fathers wishes not to have the child put in a situation like this at this time? What can be done to keep the biological father away from the daughter? Since he didn’t want anything to do with her since the day she was born.
How can I get donated real estate to a minor children resolved?My ex donated to our daughter& her 2 children.Our daughter donated it back to me.I have found out that the children are still on the deed as owners.I need work done on my house,but can’t get it done becauseof the minor children.My hands are tied for future endeavors.What can be done,please?
I live in the state of Louisiana. I am not married but have been living with my childrens father for 3 years. We have a 7 year old that I have sole physical custody of. This was granted to me when I was living in California. We also have a 2 year old who was born in Louisiana. Can I relocate back to California without filing any papers for my 2 year old? Will I be breaking any laws?
I live in Louisiana. And I have joint custody with my oldest son. We do every other week. But i have another son with my current boyfriend. Is it against the law in Louisiana to live with the father of my second son if we are not married?
My husband and I live in Louisiana. He shares joint custody of his 2 children, my step children, with his ex girlfriend but he is the domiciliary parent. She lives 25 hours away and only gets them 7 weeks a year. The problem is that the custody decree states that no one of the opposite sex is allowed to stay overnight unless they are married. Well, her boyfriend has been living with her for over a year now. This is only one of the rules she is breaking. I can’t afford a lawyer right now but would like to know what steps i should take to make her follow the rules for the safety of the kids.
Hi someone called caps on my husband and I stating our home was a mess(it had gotten messy because it was hard for me to clean and pick up stuff due to chronic back pain from an accident) the caseworker came and had us clean. We had cleaned and everything was fine but the person called again stating we are in drugs.. the same case worker came but this time she was extremely mean the house was still clean.. it was in the same condition it was in when she ok’d it.but she came telling us she is taking my sons and the house is deplorable.she threatened us several times telling me if I don’t stop crying she will take my boys into state. Telling us that we are just making excuses and if we sent quiet she will take them into state. She placed my sons with their grandmother. I called her supervisor to see about getting a new case worker he said he would address our issues and get back to me. Well the following day she came to the house saying that since I called her supervisor to complain she might be taking my boys into state. I don’t know what to do the house is clean but she is saying it isn’t she isn’t treating us fairly and I’m scared if I go to her supervisor again it’ll just make her angrier. I was under the impression they had to have a court order to come into my home and that they have to have a warrant or court order to take the boys but she and her supervisor told me they don’t need on! I’m confused as to if they do need one or not and is there anyway to get a new caseworker??! I love And miss my boys and I just want the home
I have a 17 year old son who is still in high school. He left home/moved out without our permission and is staying at a friend’s house. I’m confused about the law in Louisiana. Can he legally leave/move out without our permission? Can we or the sheriff’s make him come home? If the answer is no we can’t make him come home then are we still legally responsible for him and if so why?