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Zachary Louisiana Legal Blog

Family law: How does child support work in Louisiana?

There is nothing easy about separating or divorcing when one has a child to consider -- particularly when it comes to the money side of things. Who is responsible for supporting the child? How much will one have to pay? This week, this column will briefly discuss how child support works in Louisiana.

According to state laws, both parents are required to provide for their child. Usually, the parent who is not considered the primary guardian will be ordered to make child support payments. How much this individual has to pay depends on several factors, including:

  • The income levels of each parent
  • The amount of time the child spends with each parent
  • The specific needs of the child

Co-parenting tips to avoid tension after a divorce

The divorce process is often full of twists, turns and a variety of challenges. Once it's finally in the past, you want nothing more than to move on with your life.

If you have children with your ex-spouse, there's a good chance you'll find yourself co-parenting for many years to come. As scary as it may be at first, the right approach can help you avoid tension.

Louisiana personal injury: Victim of a mis- or missed diagnosis?

Every day, people in Louisiana and elsewhere seek out medical care because they feel it necessary. When one does this, there is always hope that medical professionals will be able to figure out and treat whatever is going on. Unfortunately, mistakes are often made, and some will end up with a mis- or missed diagnosis. When this happens and one suffers a personal injury because of it, he or she may have legal recourse.

A misdiagnosis is where a medical professional diagnoses something incorrectly, causing the patient to undergo treatment for an ailment he or she does not have. A missed diagnosis, on the other hand, is where a physician completely fails to diagnose an issue, causing a patient to be left untreated. Some experts believe that mis- and missed diagnosis rates are much higher than people think -- a staggering 40%.

Louisiana criminal defense: Officer facing DWI and other charges

Law enforcement officers in the state of Louisiana are always on the lookout for drunk or otherwise impaired drivers while they are out on patrol. When, according to their training, arrests are called for, they take allegedly impaired drivers into custody -- even if a driver is one of their own. Recently, a state police officer was arrested for driving while intoxicated and other violations. As he stands to lose a lot if he is convicted, he would likely benefit from having a well-planned criminal defense.

According to reports, a state trooper was monitoring Highway 42 in the Baton Rouge area when the accused -- a 48-year-old male -- was allegedly witnessed speeding and improperly changing lanes. The trooper pulled him over and asked him to submit to sobriety testing -- to which he agreed. Reports say that the accused was fully compliant until he was informed that he would be placed under arrest. The accused then supposedly attacked the trooper.

Louisiana probate: Dealing with a loved one's credit card debt

When a loved one dies, there are a lot of things that need to be figured out. If proper estate planning was completed, probate in the state of Louisiana may not be too complicated. However, if the decedent had credit card debt when he or she passed, some may find dealing with it a bit frustrating. 

Most Americans have credit card and other debts when they die. A recent article suggests that 75% of people do. Those set to inherit an estate may worry that they may be held responsible for paying off the debts with their own personal funds. Thankfully, that is not necessarily how it works out. 

Do stay-at-home moms get a fair deal in divorce?

According to an article published in the Spring of 2019, about 25% of mothers choose to stay home and care for their families instead of entering or remaining in the workforce. Many of these women have advanced degrees, but at the end of the day, they believe they are better serving their families by staying home. What happens, though, to these women if their marriages fail to thrive? Will stay-at-home moms in Louisiana end up getting a fair deal in divorce?

There is no denying the difficulty of being a stay-at-home parent. A person in this position wears many hats and does not get paid for any of their duties. Even though stay-at-home moms do not receive monetary compensation, many believe that their work should be treated equally as valuable as their breadwinner spouses. Do the courts see it this way, though?

Calculating how much a Louisiana car crash will cost you

The rising cost of health care has been well documented in recent years. You only need to turn on a TV to see how the cost of a vehicle has risen when companies advertise the sale price for their most recent models. Both of those increased expenses will impact how much a car crash costs for you and your family.

You might think it's easy to determine if a settlement offer is reasonable or to calculate how much the crash will cost you. However, just looking at your current medical bills will not give you an accurate idea of how much the collision will cost in the long run. You may have ongoing expenses for several years, if not the rest of your life.

Oil and gas law: Obtaining a drilling permit

Anyone who wants to drill for gas and oil in the state of Louisiana has to obtain a permit before they get started. Most people are aware of this. Some may not be aware of how difficult it can be to obtain the necessary license. Thankfully, those who need help with the process can turn to an oil and gas law attorney for assistance. 

According to the Department of Natural Resources, all Permit to Drill applications must be submitted to the District Office, in duplicate, near the well's location for approval. The DO then passes the request on to Baton Rouge for its final consideration and approval or denial. The permit form, simply called MD-10-R-1, can be obtained online or in person. The following information must be included on the form for it to be considered:

  • Date of completion
  • Well's location -- parish name and code number
  • Name of the field
  • Code number for the field
  • Well name and number
  • Description of the drill site
  • Company name and code number
  • Company contact information
  • What product one intends to capture -- oil or gas
  • Proposed depth
  • Land survey
  • Signature

Louisiana criminal defense: Man charged in nightclub shooting

On June 29, the Baton Rouge area was rocked by a nightclub shooting that left seven people injured. Recently, police arrested the one man who is believed to have been the shooter. As gun violence is a serious offense in Louisiana with significant consequences if one is convicted, the accused can help himself, his case and his chances of achieving the best possible outcome by seeking assistance from an experienced criminal defense attorney as he prepares to defend himself in court.

According to a recent report, the accused -- a 24-year-old male -- was at Stadium Ultralounge & Bar with one of his relatives when another man hit his relative with a glass bottle. The accused supposedly pulled his gun and fired in defense. Witnesses say, and video shows that shots were fired both inside and outside the building, hitting several bystanders. It is still unclear what lead up to the initial attack. 

Louisiana Family law: Can I get a quickie divorce?

Those whose marital relationships are at an end likely want to get through the divorce process as quickly as possible so that they can move on. While quickie divorces are a thing in other states, there are laws in Louisiana that can drag out the dissolution process longer than one would like. Even though this may be the case, an experienced family law attorney can help one get through it as swiftly as possible.

The most common divorce types used in Louisiana are no-fault, contested and uncontested. No matter which of these routes one chooses to take, the state requires that a couple go through a waiting period before the dissolution request will be granted. Currently, the waiting period is set at 180 days, which comes out to six months. The waiting period may be avoided if a fault divorce is pursued -- meaning one has specific grounds for ending the marriage such as fraud, abandonment, cruelty and mental illness, among others.

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