Legal Question in Family Law in Louisiana

Req for Increase in child support

My ex has filed for an increase in child support on the grounds that ''she believes my income has increased.'' I've only received a cost of living increase since the child support order was rendered less than 6 months ago. Isn't it too soon for my ex to ask for recalculation and can't i respond to judge and state that this is ''frivilous and w/o merit''?


Asked on 8/23/07, 9:06 am

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Req for Increase in child support

If your income has dramatically increased, then there is no "too soon." However, every judicial district has local rules, and ours is you cannot come back for 6 months after an amount is set. A COL is not sufficient to warrant an increase. You can ask that she pay all costs plus attorneys fees if you can show she filed a claim knowing it would not be successful.

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Answered on 8/23/07, 9:14 am


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