A New Orleans divorce often opens with requests for custody and child support in Civil District Court, and the decisions that follow can feel overwhelming. This post, the first of three on how these issues connect, begins with parenting time.
The role of parenting time in support
A Louisiana judge combines both parents’ adjusted gross monthly incomes, finds the basic obligation on the state schedule and divides it in proportion to what each earns. When the children live mainly with one parent, the other generally pays support to that parent.
With roughly equal parenting time, the judge applies a different formula, and the higher earner may still owe support. Because two homes cost more than one, the court raises the basic obligation by half and splits the result according to each parent’s income share. It then multiplies each amount by the percentage of time the children spend with the other parent, accounts for certain expenses and credits and orders whoever owes more to pay the difference.
The impact of extra expenses and higher incomes
The basic obligation covers everyday needs such as housing and food, but certain costs can raise the total. Parents can agree to include these costs, or a judge can add them to the order. Private school tuition and required fees may qualify when the school meets your child’s needs.
When the parents’ combined adjusted gross monthly income exceeds the top of the state schedule, the judge has more discretion to set the basic amount. The court weighs your children’s best interests and each parent’s circumstances, but the obligation cannot fall below the highest scheduled figure.
The value of early preparation
You can seek temporary custody and support while gathering tax returns, pay records and expense receipts. In Orleans Parish, you must file a sworn family law affidavit with these requests.
If either parent seeks joint custody, each must submit a proposed custody plan to chambers five days before the hearing. A New Orleans family law attorney can present evidence about your children’s routines when the judge considers temporary orders.