Legal Question in Family Law in Louisiana

My divorce was final in Dec '08. My ex just told me that he plans on moving to Houston for his job. I have no family here and that would leave me with no support system for the kids if he moved. Can I contest him moving out of state like that?


Asked on 10/11/09, 4:32 pm

2 Answers from Attorneys

Andrew Casanave Andrew M. Casanave

No, however I would ask for an increase in child support because the support formula includes a reduction in payment by the non-domiciliary parent because when the kids are with him you pay him nothing. Since he is arguably reducing visitation he is likewise reducing that contribution.

If he does not want to reduce visitation you can argue that he is acting against the best interest of the children, who would have to spend weekends travelling nearly 800 miles round trip. Also, since he is creating the distance, it is arguable that he should bear the full transportation burden.

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Answered on 10/16/09, 4:51 pm
Nick Pizzolatto, Jr. Pizzolatto Law Office

You cannot contest his moving. You can try all the stuff Mr. Casanave talks about if you want to spend the money, although I agree about who should pay the transportation costs. The formula allows a 1/12th reduction for the dad's visitation, so if you want to spend lawyer and court money trying to get that 1/12th reduced, you can. However, what would happen if he does not move? Would he lose his job? Is he getting a raise along with the move?

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Answered on 10/16/09, 6:15 pm


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