Perspective on Extraordinary Child Support from a Louisiana Divorce Lawyer

Apr 18
07:49

2012

Will Beaumont

Will Beaumont

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Just as there may be deductions to a basic child support amount in Louisiana, so, too, may there be additions. This article details a possible scenario explaining this further.

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There are all sorts of things for a Louisiana divorce lawyer to work out: the division of property or assets and spousal support are two examples.  Things can get even more complicated if the couple has children.  Then a divorce lawyer typically includes child custody determinations,Perspective on Extraordinary Child Support from a Louisiana Divorce Lawyer Articles as well as child support payments.  This article will deal with child support.

Here in Louisiana, there is a complex system of laws that help Louisiana courts determine how much a parent should have to pay the other parent for child support.  Many of the rules and regulations can be found in the Revised Statutes of Louisiana. Generally, a parent is going to need to pay towards the support of the child in a way that affords the child the same benefits that they had while their parents were still married.  There may be “extraordinary” payments however, which a parent paying child support may be asked to fork over.  Let’s use an example.

Let’s say Chuck and Chelsea have been married for twelve years.  They have one child, Tom.  After twelve years of marriage, Chelsea hires a divorce lawyer to end the marriage.  After a hearing, Chelsea is named the sole custodial parent of Tom, and Chuck is granted visitation rights.  Tom is ten years old.

A few years later, Tom joins the high school football team.  As it turns out, Tom has a real “nose for the football” and he is quickly made a starter on the varsity team.  Even though he is only a freshman, Tom’s coach who is also a divorce lawyer thinks that he has a great deal of potential, and that if he continues progressing he could land a scholarship to college.  Part of this progression, in the coach’s eyes, is attending a summer camp for gifted football high school athletes.

The camp occurs right before the high school season starts, and it is the best way for kids with promise to develop into desirable selection for division one football colleges.  Needless to say, Tom wants to go very badly.  The camp however, costs a good deal of money, and Tom’s parents would have to pay.  Chelsea thinks that the camp is a great idea, and she whole-heartedly supports it.  Chuck on the other hand, does not.  Chuck thinks that his boy will develop into a fine football player regardless of the camp, and that the whole thing sounds like a racket to make money off of kids who have dreams of playing football on a collegiate level.  Furthermore, the last time Chuck spoke with Chelsea over the phone, they got into a fight about something.  Although Chuck probably would never admit it, part of the reason he does not want to pay for Tom’s football camp is because he knows that Chelsea wants it.

Chelsea may have recourse under Louisiana Revised Statute 315.6.  This statute explains that there may be “extraordinary” expenses which may be added to the “basic” child support obligation.  These type of expenses include “expenses incurred for child rearing intended to enhance the health, athletic, social or cultural development of the child.” 

In this example, a divorce lawyer might successfully argue that Tom’s football camp meets this exception.

This above is informational only, not legal advice. Will Beaumont. New Orleans.