jjj111

Hello all, I'm asking this for a friend of mine. She is divorced and currently has her son full time--he only visits his father every other weekend. But the custody order from their divorce a few years ago made her XH the custodial parent, and he is refusing to pay her any child support. She doesn't have money for a lawyer, and her XH's father is a lawyer and has lots of money, so she feels out-gunned. Does anyone have advice about how she can file for a support order and to become the custodial parent? Can she do it without a lawyer? She lives in Louisiana, if that's relevant. Thanks for any help you can give!

LexieCat

Is there ANY custody/support order in place currently? There are usually "pro se" (meaning you are representing yourself) "packages" available to family court litigants in most jurisdictions. They can usually be obtained from the family court clerk (go there in person to pick them up), or from the court's website. Some larger jurisdictions have their own forms, but in many states you go to the state judiciary's website and you can download them.

If you send me a PM with the city and state, I can probably check to see if the forms are available online and send you a link by pm. I'm going out to a meeting shortly, but if I don't get a chance to look before I leave I can do it when I get back.

jjj111

Thanks, Lexi, I will PM you!

hopeful4

Don't let her feel too scared to represent herself! In the state which I live you get credit for the days you have your children for child support, even if you are not the custodial parent, you just fill out a form for it. Has she asked the other parent if he is willing to work with her? My X acted pro se in our divorce. We worked together on it, and basically hammered out the entire deal and then just had the attorney get him the forms he needed (although they are on our county web site), and he filed for us. It all cost $500 total. I also know the clerks here will help you fill out the forms. They cannot advise you legally, but they can advise you how to fill out the form if you cannot figure it out. I think that varies by state and county too.

If the other parent is not willing to work together, and is now going to be forced to pay child support, I would expect a fight, which could get expensive. It sounds like he has no responsibilities right now, not doing the care taking, nor paying. He won't like that set up to be disrupted.

She should also contact legal aid in her area and see if she is within the income level to qualify for their assistance.

Good Luck!