Legal Question in Family Law in Louisiana

My mother passed away in February 2015. She left behind only one minor child, who was left in my care. We (her four children) have not opened succession, as we have no idea how to go about doing such. There was no will or anything, just the fact that I had been taking care of my brother for the last few weeks of her life, and I will continue to care for him until he's 18. His father pays child support, and is also not allowed any visitation until he sees the judge that granted my mom her divorce in 2006, but says that since he doesn't know me, he refuses to allow his daughter (my sister) to give me the debit card that the child support is sent to each month. Note: he's not only paying child support for the one minor child, but also arrears from two other children that are no longer minors (I don't know if that changes anything or not, though). Basically what I need to know is if I should be the one that has possession of the child support card to help care for my minor brother?


Asked on 7/03/15, 5:25 pm

1 Answer from Attorneys
Andrew Casanave Andrew M. Casanave

First, you should seek out an attorney to handle your mother's succession. If that attorney also handles domestic relations matters discuss this matter with her or him.

I think that whoever has the minor child should be receiving support for the child. Because child support is calculated according to the incomes of both parents and the mother is no longer alive, his support amount might need to be recalculated as the father should be the sole economic provider for the minor child.

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Answered on 7/03/15, 6:09 pm


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