Child Support and Stipulated Judgments

In order to modify a child support agreement, the mover has the burden of proving a material change in circumstances. In a recent Louisiana case, the court denied the mover's request for an increase in child support based upon an increase in medical expenses, daycare costs, and an increase in income of the payor. The parties had previously entered into a stipulated or consent judgment regarding the amount of child support to be paid without providing any information as to how the original child support amount was reached nor stating what the income of the parties was at the time they entered into the consent judgment. The court denied the mover's request for an increase in child support based upon the fact that the mover could not prove a material change in circumstances in relation to the prior judgment.

Do you need a custody plan?

Do you and the father/mother of your child get along? Do the two of you always agree on visitation?

That may be the case now, but what happens when one parent gets angry at the other and refuses to return the child or allow the child any visitation or communication with the other parent?

In my experience, it's always better to have a custody agreement in place for your own protection. If the visitation does go awry, your parental rights are protected. It is much easier to put those protections in place BEFORE you need them, than to wait until after a problem arises. This will save you, the parent, time, money and aggravation. Your attorney's fees and court costs will be much more extensive should you wait until an issue regarding custody and visitation arises. Not to mention the time it takes away from work between having to attend appointments with your attorney and court appearances.

If both parents of the child are getting along and are agreeable to custody and/or visitation, a consent judgment stating the current custody agreement is an excellent place to start. Please talk to an experienced attorney to discuss your rights and protections further.