Divorce,Attorney,Analysis,Ille law Divorce Attorney Analysis - Illegitimate Children in Louisia
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One of the most controversial subjects in family law is illegitimate children. Applying the law can be important for divorce attorney. In Louisiana, the Civil Code offers some protection for individual children. One of the reasons that this is so controversial is that it can deeply affect child support. In other words, if you do not disavow paternity within a certain length of time it can be possible for you to have to pay child support until the child turns eighteen. This is even the case if you prove that you are not the father of the child though DNA testing. This article, however, primarily focuses on some of the rights that illegitimate children have in Louisiana. (One major exception to this is that this article does not discuss the succession rights that such children have and the timelines for exercising such.)This law seems very archaic, even to a divorce attorney. You may be wondering, Wow, Louisiana must hate illegitimate children. However, the Louisiana Civil Code is not written with this intent. Furthermore, the civil code offers substantial benefits to illegitimate children. Lets use a hypothetical situation to discuss the provisions of Civil Code Article 240 and how a divorce attorney might use them. Lets say Big Henry and Little Suzie are married. Big Henry has been having an affair with Wicked Wilma. Wicked Wilma is not married. As a result of her affair with Big Henry, Wicked Wilma becomes pregnant and has a child, Tiny Tim.Under the provisions of the Louisiana Civil Code, Tiny Tim would be considered an illegitimate child. Although Big Henry is married to Little Suzie, there is no presumption of paternity when someone other than the spouse has a baby. Because Wicked Wilma is not married, there is no presumption of paternity through her either. Had Wicked Wilma been married at the time of Tiny Tims birth, her spouse, not Big Henry, would be presumed the father. Now lets say Big Henry and Wicked Wilma acknowledges, either with the help of a divorce attorney or on their own, Tiny Tim as their child. This would mean that Tiny Tim has been legally acknowledged. Lets say he has been living by himself with no money to support himself. Under the provisions of Article 240, Tiny Tim may seek alimony from Big Henry and Wicked Wilma. However, lets say Tiny Tim grows up to be a successful professional football player but his parents Big Henry and Wicked Wilma are penniless. Tiny Tim would have a duty to provide alimony to his parents. Under the Louisiana Civil Code, Tiny Tim can still seek alimony if Big Henry or Wicked Wilma died. There are some requirements that must be met before Tiny Tim, or his divorce attorney, can proceed. In conclusion, Louisiana protects illegitimate children in much of the same way a filiated child is protected.
Divorce,Attorney,Analysis,Ille