Attack on Low Income Parents by Top Democrat Legislators in 2013

The average child support order in the state is around $200/month.  Yet, there are many parents with lower child support orders due to their low income levels.  The mandatory minimum child support order is $100/month.

Yet that did not stop certain top legislators, specifically Senator Peterson, Senator Morrell, and Representative Brossett from seeking to further penalize low income parents. Continue reading

On Louisiana Child Support spreadsheets and Hurricane Isaac

Well, I have not posted in six months.

We are still repairing the house after being flooded by Hurricane Isaac. Hope everybody is doing well.

We are learning/relearning more about insulation and sheetrock than we care to know. My daughter got very efficient at installing all of the insulation.

It is time to blow some of the cobwebs off and do a bit more posting.

The first question, is what changes do we need to make to the Louisiana Child Support Guidelines Spreadsheet. I am looking to update them and am seeking input on the changes that you would like to see with them.

sincerely yours,

Nicholas

House Bill 480

HB840

HOUSE BILL NO. 840  BY REPRESENTATIVE THOMPSON

 

Another minor change to existing bad law.

 

[warning][/warning]Drivers license laws should be focused on driving safety and not on payment/nonpayment of amounts unrelated to driving safety !

Access to Driving and License Suspension Policies for the Twenty-First Century Economy_________________________________________________________
Sandra Gustitus, Melody Simmons, and Margy Waller

The Mobility Agenda    www.mobilityagenda.org
June 2008     Here is the pdf = 20441

 

HLS 12RS-267 ORIGINAL
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 840
BY REPRESENTATIVE THOMPSON
CHILDREN/SUPPORT: Provides relative to suspension of licenses for failure to pay child
support obligations
1 AN ACT
2 To amend and reenact R.S. 9:315.33(C) and 315.35 and to enact R.S. 9:315.37, relative to
3 the suspension of licenses for failure to pay child support; to provide for continued
4 jurisdiction of the court; to provide for conflicts; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 9:315.33(C) and 315.35 are hereby amended and reenacted and R.S.
7 9:315.37 is hereby enacted to read as follows:
8 §315.33. Suspension of license; notice of suspension from licensing board;
9 temporary license
10 * * *
11 C. Upon being presented with a court order of partial compliance and at the
12 request of an obligorwhosemotor vehicle operator’s license, permit, or privilege has
13 been suspended under this Subpart, the office of motor vehicles may shall issue the
14 obligor a temporary license valid for a period not to exceed one hundred twenty days
15 or for such other period as the court orders, provided no other cause for suspension
16 of the license exists.
17 * * *
18 §315.35. Reissuance of license
19 A. A board shall issue, reissue, renew, or otherwise extend an obligor’s or
20 other individual’s license in accordance with the board’s rules upon receipt of a
HLS 12RS-267 ORIGINAL
HB NO. 840
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
1 certified copy of an order of compliance from the court currently exercising
2 jurisdiction over the matter, provided that the prior court-ordered suspension, or
3 department-ordered suspension pursuant to SubpartDof this Part,was the sole cause
4 of the suspension.
5 B. After receipt of an order of compliance and if no other cause for
6 suspension exists, the board may shall waive any all of its applicable requirements
7 for issuance, reissuance, renewal, or extension if it determines that the imposition of
8 that requirement places an undue burden on the person and that waiver of the
9 requirement is consistent with the public interest.
10 C. If the board determines that a cause for suspension other than the court11
ordered suspension or department-ordered suspension exists after receipt of an order
12 of compliance, the board shall provide written reasons to the obligor for the
13 continued suspension of the license.
14 * * *
15 §315.37. Continued jurisdiction of court; conflicts
16 The provisions of this Subpart shall supersede the provisions of Subpart D
17 of this Part relative to the authority of the court currently exercising jurisdiction over
18 the matter to reinstate or suspend a particular license of an obligor based on the
19 payment or failure to pay a child support obligation, and the determination to
20 continue the suspension or to reinstate the license shall remain within the sole
21 supervisory jurisdiction of the court currently exercising jurisdiction over thematter.

 

DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Thompson HB No. 840
Abstract: Provides for the continued jurisdiction of the court relative to the reinstatement and suspension of licenses for failure to pay child support.

 

Present law provides that upon being presented with a court order of partial compliance, the office of motor vehicles may issue the obligor a temporary license valid for a period not to exceed 120 days.

 

Proposed law requires the office of motor vehicles to issue the obligor a temporary license for such period as the court orders, provided that no other cause for suspension of the license exists.

 

Present law requires a board to issue, reissue, or renew an obligor’s license in accordance with the board’s rules upon receipt of a certified copy of an order of compliance from the court, and provides that the board may waive any of its requirements for reissuance, provided that the board determines that waiver of its requirements is consistent with the
public interest.

 

Proposed law requires the board to issue, reissue, or renew, an obligor’s license and to waive all of its requirements regardless of the board’s rules or the board’s determination of the public interest, provided the court- or department-ordered suspension was the sole cause of
the suspension.

 

Proposed law requires the board to provide written reasons to the obligor for the continued suspension of the license.

 

Proposed law provides that provisions of present law and proposed law relative to judicial suspensions shall supersede the provisions of present law relative to administrative suspensions, and provides that the authority of the court to judicially suspend or reinstate licenses shall remain within the sole supervisory jurisdiction of the court currently exercising
jurisdiction over the matter.
(Amends R.S. 9:315.33(C) and 315.35; Adds R.S. 9:315.37)

HOUSE BILL NO. 481 BY REPRESENTATIVE PATRICK WILLIAMS

HB481

HOUSE BILL NO. 481
BY REPRESENTATIVE PATRICK WILLIAMS

 

Another very minor change.

 

HLS 12RS-1050 ORIGINAL
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 481
BY REPRESENTATIVE PATRICK WILLIAMS
CHILDREN/SUPPORT: Clarifies state law regarding unemployment insurance collections
relative to child support overpayments to align with federal law
1 AN ACT
2 To amend and reenact R.S. 46:236.15(D)(1)(a), relative to the Department of Children and
3 Family Services’ limited administrative authority for certain paternity and child
4 support actions; to clarify state law regarding unemployment insurance collections
5 with respect to child support overpayments to comply with federal law; and to
6 provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 46:236.15(D)(1)(a) is hereby amended and reenacted to read as
9 follows:
10 §236.15. Limited administrative authority for certain paternity and child support
11 actions
12 * * *
13 D. Authority to seize and intercept.
14 (1) In cases in which there is a child support arrearage or child support
15 overpayment made to a custodial parent, and after notice of such arrearage or
16 overpayment has been made by certified or regular mail, personal service, or
17 domiciliary service, the agency shall have the administrative authority to:
18 (a) Intercept, encumber, freeze, or seize periodic or lump sum payments
19 from a state or local agency or any entity licensed or permitted by any state agency
20 or board under Chapters 1, 4, 5, or 7 of Title 27 of the Louisiana Revised Statutes of
HLS 12RS-1050 ORIGINAL
HB NO. 481
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
1 1950, including but not limited to unemployment compensation benefits for the
2 limited purpose of child support arrearages only, workers’ compensation, and other
3 benefits, judgments, settlements, lottery winnings, progressive slot machine annuities
4 beginning with the second annuity payment, cash gaming winnings, assets held in
5 financial institutions, and public and private retirement funds. The provisions of R.S.
6 13:3881 providing general exemptions from seizure are applicable to the provisions
7 of this Subparagraph. After the agency encumbers, intercepts, or freezes any assets
8 set out in this Subsection, it shall notify the payor that he has thirty days to advise
9 the agency that he wishes to appeal the seizing of said assets. Upon receipt of such
10 notice, the agency shall either release the property or schedule a hearing with the
11 appropriate court. If the payor fails to file an appeal within thirty days, the agency
12 may institute proceedings through administrative process to seize or sell the property
13 in accordance with state law.
14 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Patrick Williams HB No. 481
Abstract: Clarifies state law relative to the recovery of child support overpayments from
unemployment insurance to comport with federal law.
Present law in pertinent part, authorizes the Dept. of Children and Family Services to
intercept, encumber, freeze, or seize unemployment compensation benefits in cases where
there is a child support arrearage or child support overpayment made to a custodial parent.
Proposed law clarifies that only child support arrearages can be recovered or deducted from
an individual’s unemployment insurance benefits. Specifically, precludes the recovery of
child support overpayments from unemployment insurance benefits.
(Amends R.S. 46:236.15(D)(1)(a))

HB227 – Schroder

No substantive change here.

 

 

HLS 12RS-790 ORIGINAL
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 227
BY REPRESENTATIVE SCHRODER
CHILDREN/SUPPORT: Provides with respect to child support enforcement
1 AN ACT
2 To amend and reenact R.S. 46:236.1.8(D), relative to support enforcement services; to
3 provide for designation of field officers; and to provide for related matters.
4 Be it enacted by the Legislature of Louisiana:
5 Section 1. R.S. 46:236.1.8(D) is hereby amended and reenacted to read as follows:
6 §236.1.8. Family and child support programs; additional authorized employee
7 actions
8 * * *
9 D. The support services authorized by this Subpart shall be provided by the
10 office of children and family services, Support Enforcement Services program. Field
11 officers responsible for supplying these services shall be designated as support
12 enforcement regional administrators, support enforcement district managers, social
13 service analyst supervisors, and social service analystsby the secretary. Such
14 officers shall have the power and authority to make arrests, supervise the probation
15 of offenders, serve notices, orders, subpoenas, summons, citations, motions, and
16 writs, and to execute all warrants and orders and to performany other duties incident
17 to their office. All such officers are hereby authorized to carry weapons and arms,
18 concealed or openly, while in the actual performance of any duty or while under
19 assignment to any duty, but under no circumstances shall officers be authorized to
HLS 12RS-790 ORIGINAL
HB NO. 227
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
1 carry weapons unless they have been trained in the proper carrying and use of
2 firearms by a recognized firearm training program.
3 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]

Schroder HB No. 227
Abstract: Provides that field officers for the Support Enforcement Services program shall be designated by the secretary of the Dept. of Children and Family Services.
Present law provides for child support enforcement services and provides for the specific designation of field officers responsible for supplying these services.
Proposed law provides for field officers to be designated by the secretary of the Dept. of Children and Family Services.
(Amends R.S. 46:236.1.8(D))

Bills related to Child Support so far – 17

 

Search result for the following criteria: child support

17 instruments found
BACK TO PREVIOUS PAGE

Instrument Author Status Summary
HB1 FANNIN
ASSIGNED TO HOUSE APPROPRIATIONS
APPROPRIATIONS:Provide for the ordinary operating expenses of state government for Fiscal Year 2012-2013
HB43 CHAMPAGNE
ASSIGNED TO HOUSE RETIREMENT
RETIREMENT BENEFITS:Provides relative to the forfeiture of pension benefits by public officials upon felony conviction for certain offenses
HB224 ARMES
ASSIGNED TO HOUSE HEALTH & WELFARE
CHILDREN/SUPPORT:Provides relative to enforcement of child support by income assignment
HB227 SCHRODER
ASSIGNED TO HOUSE HEALTH & WELFARE
CHILDREN/SUPPORT:Provides with respect to child support enforcement
HB343 LIGI
ASSIGNED TO HOUSE CIVIL LAW & PROCEDURE
CIVIL/JURY TRIALS:Provides with respect to the availability of jury trials in certain civil matters
HB389 SCHRODER
ASSIGNED TO HOUSE HEALTH & WELFARE
CHILDREN/DCFS:Makes technical corrections to provisions relative to child support enforcement functions of DCFS
HB479 ABRAMSON
ASSIGNED TO HOUSE JUDICIARY
COURTS:Provides for an additional permanent domestic division in Orleans Parish (OR NO IMPACT LF EX See Note)
HB481 P.WILLIAMS
ASSIGNED TO HOUSE HEALTH & WELFARE
CHILDREN/SUPPORT:Clarifies state law regarding unemployment insurance collections relative to child support overpayments to align with federal law
HB534 A.WILLIAMS
ASSIGNED TO HOUSE LABOR & INDUSTRIAL RELATIONS
UNEMPLOYMENT COMP:Provides for the suspension of certain licenses to persons who owe overpayment obligations of unemployment compensation benefits
HB737 BROADWATER
ASSIGNED TO HOUSE LABOR & INDUSTRIAL RELATIONS
WORKERS COMPENSATION:Provides with respect to death benefits to living descendants
HB806 P.SMITH
ASSIGNED TO HOUSE EDUCATION
EDUCATION DEPARTMENT:Authorizes a Dept. of Education survey of students regarding risk behaviors
HB840 THOMPSON
ASSIGNED TO HOUSE CIVIL LAW & PROCEDURE
CHILDREN/SUPPORT:Provides relative to suspension of licenses for failure to pay child support obligations
HB872 HAZEL
ASSIGNED TO HOUSE CIVIL LAW & PROCEDURE
CHILDREN/SUPPORT:To provide with respect to child support calculations
HB910 JOHNSON
ASSIGNED TO HOUSE CIVIL LAW & PROCEDURE
CHILDREN/SUPPORT:Provides for child support obligations due to nonparent custodians and other third parties
SB153 BROOME
ASSIGNED TO SENATE JUDICIARY A
CHILDREN:Provides for relocation of the residence of a child. (8/1/12)
SB519 MARTINY
ASSIGNED TO SENATE JUDICIARY A
JUVENILES:Provides relative to juvenile delinquency proceedings. (8/1/12)
SB520 BROOME
ASSIGNED TO SENATE LABOR & INDUSTRIAL RELATIONS
WORKERS’ COMPENSATION:To provide for death benefit awards to dependent children of deceased employee. (8/1/12)

17 instruments found
BACK TO PREVIOUS PAGE

Current List of Louisiana Board Certified Family Law Attorneys

Louisiana Board Certified Family Law Attorneys

Here is the list of professionals who are certified as Family Law specialists as of March 7, 2012 by the Louisiana Board of Certified Family Law Attorneys

Family Law Directory

 

Layne M Adams Downsville
Dawn Amacker – Inactive Covington
Charles Kerry Anderson – Inactive Deridder
Ernest S Anderson Slidell
D Rex Anglin Shreveport
James H Askew Shreveport
Terry George Aubin Alexandria
Andrea Ducote Aymond Marksville
Michael Baham Metairie
Suzanne Ecuyer Bayle New Orleans
Jeffrey W Bennett Harahan
Alfred R Beresko Shreveport
David A Blanchet – Inactive Lafayette
Lisa Leslie Boudreaux Baton Rouge
Laurie J Burkett Monroe
H Craig Cabral Metairie
David L Carriere Opelousas
Teresa Culpepper Carroll Jonesboro
Monique Babin Clement Ruston
Lauren G Coleman Alexandria
Michael D Conroy Covington
Amy Elizabeth Counce Baton Rouge
Angela Wilt Cox Slidell
Robert P Cuccia Houma
Jennifer Carter deBlanc Marrero
Mary Clemence Devereux – Inactive Covington
Karen D Downs Baton Rouge
Elizabeth Ann Dugal Lafayette
Lillian T Dunlap West Monroe
Jack L Dveirin New Orleans
Desiree Duhon Dyess Natchitoches
Linda Kay Ewbank Monroe
William J Faustermann Slidell
Calvin A Fleming Gretna
Jamie Elizabeth Fontenot Port Allen
Marcus Todd Foote Baton Rouge
James L Fortson Shreveport
Patricia M Franz Metairie
Deborah Parker Gibbs Baton Rouge
Frank A Granger Lake Charles
Nancy S Gregorie Baton Rouge
Grace Phyllis Gremillion Covington
Kenneth P Haines Shreveport
Steven W Hale Lake Charles
Helen Popich Harris Lafayette
Paul M. Hebert Baton Rouge
David Cleveland Hesser Alexandria
Mitchell J Hoffman New Orleans
Lila Tritico Hogan Hammond
Melanie Newkome Jones Baton Rouge
Patricia M Joyce – Inactive Gretna
Charlene Ory Kazan – Inactive Slidell
Margaret H Kern Covington
Debra M Kesler Metairie
Paul H Kidd Monroe
Philip C Kobetz Lafayette
Charles O LaCroix Alexandria
Lindsey M Ladouceur Abita Springs
Bernadette Rocco Lee New Orleans
Robert D Levenstein Laplace
Robert G Levy Alexandria
Robert C Lowe New Orleans
Christine O’Brien Lozes Covington
Barbara Volk Madere Marrero
Mark Joseph Mansfield Covington
Rachel C Marinovich New Orleans
Kenneth R Martinez Opelousas
Lisa C Matthews – Inactive Covington
Lorraine Jane Andresen McCormick Baton Rouge
Jean M Meaux Covington
James Ogden Middleton Alexandria
Terri McDonough Miles Gretna
Sean David Miller Bossier City
Edith H Morris New Orleans
Susan Helene Neathamer Gretna
Kim M O’Dowd New Orleans
Patrice Wightman Oppenheim Covington
W James Ortego Lake Charles
Carolyn F Ott Denham Springs
Evelyn M Oubre Lake Charles
David R Paddison Covington
David M Prados New Orleans
Vanessa Denise Randall – Inactive Lafayette
Carol T Richards Covington
Philip Riegel Metairie
Kenneth Rigby Shreveport
Vincent Anthony Saffiotti Baton Rouge
Laurel Annette Salley Metairie
Sandra S Salley Metairie
Lila Molaison Samuel Gretna
Walter M Sanchez Lake Charles
Jane C Scheuermann Metairie
Susan D Scott Shreveport
Suzette Marie Smith New Orleans
H F Sockrider Shreveport
Diane A Sorola Lafayette
D Reardon Stanford Lafayette
Charles W Strickland Shreveport
Susan L Theall Lafayette
Frank P Tranchina Covington
Linda A Veazey Abbeville
Sandra Lynn Walker Shreveport
Lynne W Wasserman Metairie
Marc D Winsberg New Orleans
Jeffrey S Wittenbrink Baton Rouge
Barbara J Ziv New Orleans

Here are the requirements to be certified as a Family Law professional by the Louisiana Board of Legal Specialization as of March 7, 2012  FamilyLaw

Louisiana Legal Specialization – Standards for Family Law Certification

Standards for Family Law Certification

Adopted By The Family Law Advisory Commission

The following are the standards for qualifying for certification in the field of family law.

1. A minimum of five years of actual practice of law on a full time basis immediately preceding the year of certification.

2. A minimum of 35% of the total time devoted to the practice of law annually in each of the 5 years preceding application and in each year of certification shall be in the field of family law. Additionally, the attorney must demonstrate actual experience in the representation of clients, contested hearings and trials, negotiation and settlement of family law matters, and knowledge of appellate procedures.

3.

a. In the year of application, and in each year of certification, the applicant must obtain credit for eighteen (18) hours of approved continuing legal education pursuant to the Supreme Court of Louisiana Rules for Continuing Legal Education.  All eighteen (18) hours must be in the field of family law.  All continuing legal education credits of an applicant or certificate holder must be approved by the Louisiana Board of Legal Specialization and the family law credits must be approved by the Family Law Advisory Commission.

b. CLE earned in prior years may not be used to satisfy the eighteen (18) hours required within the year of application.

c. CLE carry forward from the year of application will not be permitted.

d. Following certification, a CLE carry forward of up to eight (8) hours of approved family law CLE earned in excess of the eighteen (18) hours minimum required per year, will be permitted.

e. Family law specialization CLE credit will be allowed for teaching a family law course at any MCLE approved seminar.

4. All applicants must pass a written examination applied uniformly to all applicants demonstrating sufficient knowledge, proficiency and experience in the following areas of family law as is necessary to justify the representation of special competence to the legal profession and to the public:

a. The procedure in Civil Code Articles 102 and 103 Divorces

b. Domicile, Venue and Jurisdiction

c. Child Support

d. Child Custody

e. Alimony/Spousal Support and Alimony/Spousal Support Pendente Lite

f. Use and Occupancy of the Family Home and Community Movables and Immovables, and Rental Value for Use and Occupancy

g. Temporary Restraining Orders and Injunctive Relief

h. Appointment of Attorneys to Represent Children in Child Custody and Visitation Proceedings

i. Matrimonial Regimes, including Partition of Community Property and Settlement of Claims Arising from Matrimonial Regimes

j. Co-ownership of Former Community Property

k. Qualified Domestic Relations Orders

l. Uniform Child Custody Jurisdiction Act

m. Parental Kidnapping Prevention Act

n. Matrimonial Agreements

o. The Domestic Abuse Assistance Act

p. Ethics and Professional Conflicts

q. Income Tax Consequences upon Divorce and Partition of Community Property

r. Qualified Medical Child Support Orders

The written examination may also include the following subjects, which are of lesser importance than the areas of family law listed above:

a. Appeals and Writs

b. Ex-parte Orders

c. Illegitimates, Acknowledgement, Legitimation, Filiation, Disavowal, and Paternity Testing

d. Divorce When the Defendant is a Non-resident, and Other Curator Issues

e. Claims for Contributions to Education or Training

f. Affidavits of Non-Miliary Service

g. Visitation Rights of Non-Parents

h. Major Pension Partition Cases

i. Court Ordered Mediation

j. Emancipation

k. Evidence, but limited to evidentiary rules that are peculiar to family law or particularly important to family law.

The following subjects, which are considered of lesser importance than the areas and subjects listed above, may be tested to a limited extent on the written examination:

a. Name Confirmations

b. Conflict of Laws

c. Putative Marriages

The following topics are of limited importance, but the written examination may contain questions concerning them:

a. Adoptions

b. The Hague Convention

c. Nullity of Marriage

5. Each applicant will consent to a confidential inquiry, by the Louisiana Board of Legal Specialization or the Family Law Advisory Commission, directed to all persons who serve as references for the applicant and to other persons regarding the applicant’s competence and qualifications to be recognized as a Family Law Specialist.  This inquiry and review shall consider information furnished by references and other information which the advisory commission deems relevant to demonstrate whether the applicant has achieved recognition as having a level of competence indicating proficient performance and handling the usual matters of the specialty field. Such information may include the applicant’s work product, problem analysis, statement of issues and analysis, ethics, reputation, professionalism or such other criteria which the advisory commission deems appropriate to take into account prior to making its recommendations.

6. Each applicant shall submit to the Family Law Advisory Commission the names and addresses of at least five persons who are lawyers or judges, at least two of whom are Board Certified Family Law Specialists, who can attest to the applicant’s competence in the specialty field in which recognition is sought.

7. Each applicant must carry malpractice insurance in the minimum amount of $500,000, unless waived for good cause by the Louisiana Board of Legal Specialization.

8. Recertification shall be required every five years from the date of certification or recertification, as the case may be.

9. The applicant must comply with the rules established by the Louisiana Board of Legal Specialization as they relate to release of disciplinary action information.

10. Each applicant shall pay the fees required by the Board and by the Family Law Advisory Commission

For more information, contact the Executive Director of the Louisiana Board of Legal Specialization.

Megan Landry
Executive Director
Louisiana Board of Legal Specialization
601 St. Charles Avenue
New Orleans, La 70130
Direct (504) 619-0128
Toll Free (800) 421-5722
Fax (504) 598-6753
megan.landry@lsba.org
http://www.lascmcle.org/specialization

LOUISIANA LEGAL SPECIALIZATION

Family Law Advisory Commission 2011-2012

CHAIR:  William J. Faustermann, Jr.
2238 Gause Blvd. E
Slidell, LA 70461-4231
(985) 649-6010 Telephone
(985) 649-6693 Fax
bill@faustermannlawfirm.com
Term expires: June 30, 2012

VICE CHAIR:   D. Reardon Stanford*
315 S. College Rd., Suite 165
Lafayette, LA 70503
(337) 234-1012 Telephone
(337) 237-1128 Fax
drstanford@hoytlaw.com
Term expires: June 30, 2014

SECRETARY:   Melanie Newkome Jones
533 Europe Street
Baton Rouge, LA 70802
(225) 344-2200 Telephone
(225) 344-1200 Fax
mnjaplc@aol.com
Term expires: June 30, 2014

Jamie Elizabeth Fontenot
1650 Beaulieu Lane
Port Allen, LA 70767-5874
(225) 749-3242 Telephone
(225) 749-0819 Fax
jamie@jamiefontenot.com
Term expires: June 30, 2011

Lisa Leslie Boudreaux*
10744 Linkwood Court
Baton Rouge, LA 70810
(225) 769-8500 Telephone
(225) 769-8552 Fax
Lisa@downsandsaffiotti.com
Term expires: June 30, 2014

Randy Fuerst*
130 W. Kirby Street
Lake Charles, LA 70601
(337) 436-3332 Telephone
(337) 491-6888 Fax
rfuerst@fuerstgodley.com
Term expires:  June 30, 2012

Kenneth P. Haines
912 Kings Hwy.
Shreveport, LA 71104-4236
(318) 222-2100 Telephone
(318) 226-5152 Fax
haines@weems-law.com
Term expires: June 30, 2012

Robert G. Levy**
1101 Bolton Ave Ste B
Alexandria, LA 71301
(318) 443-7615 Telephone
(318) 443-0074 Fax
rlevy@llbattorneys.com
Term expires: June 30, 2013

LBLS Liaison
Megan Landry
Executive Director
Louisiana Board of Legal Specialization
601 St. Charles Avenue
New Orleans, La 70130
(504) 619-0128 Direct
megan.landry@lsba.org

*CLE Committee
**Chair,2012 Examination Chair


Please DO NOT VOTE for LeBlanc for judge !!! PASS IT ON

Please DO NOT VOTE for LeBlanc for judge !!!

When asked at the Ascension GOP meeting about the MARTELLO case, LeBlanc professed ignorance on the first circuit court of appeals decision.

 

This infamous case should be well known to all those who practice child support law as LeBlanc does.

In MARTELLO, Judge Chutz ruled that Mr. Martello made $9,000/month in gross income. He then ordered Mr. Martello to pay $5,600/month in temporary spousal support and to pay another $2,600/month in child support. This left Mr. Ned Martello with about $860 dollars to live and pay taxes on according to the appellate court.

What the appellate court did not say explicitly was that taxes on this level of income are $2,600/month. This number comes from the States published net income to gross income from the Child Support report of 2004. So effectively Judge Chutz had left Mr. Martello with negative $2,000/month to live on until the appellate court overturned his abusive decision.

It took almost 2 years and an additional $7,000 in legal fees for the decision to be overturned. During that time Mr. Martello had to live up to the decision or face being jailed by this judge.

LeBlanc’s response to being asked about this case was to state that she was unaware of it and that there ‘must have been special needs for the children’.

Well the ‘special needs for the children’ were that Mr. Martello had shared custody of the two children. The children were living with their daddy between about 43 to 45% of the time.

So the judge was being very abusive to the children and making it very difficult for Mr. Martello to house, clothe and feed his children.

For Ms. LeBlanc to not know about this outrageous case speaks very poorly of her and the effort she puts into her job.

We had hoped four years ago, when the Republicans took the Governors office, the House, and made significant strides in the Senate.

But instead, my fellow Republicans put Senator Julie Quinn in charge of family law in the Senate (Judiciary A committee). Senator Quinn should have never been put in this position because she was engaged in, and continued to engage in an extremely vicious divorce/custody battle against her husband during the entire time in office.

Because of this inappropriate and unethical appointment, the men of this State have had to endure one idiotic, sadistic proposed law after another emanating from her office so that she could gain advantage in her custody case and use these new draconian laws against her ex-husband.

We were fortunate, through the grace of God, to defeat most of these measures.

Unfortunately, it meant that we were not able to make any progress during these last four years in removing the existing sadism from the laws.

In 2008, when the DSS/DA Child Support Review committee presented their report to the legislature, Senator Quinn chaired the meeting. LaDads was at the meeting. We were allowed to speak.

However, When I presented the MARTELLO case to the body, Senator Quinn (and at this time I still did not know about her personal case) stated she did not know if they could trust my veracity. She said this even though I turned in a copy of the appellate court decision.

This upset Mr. Martello, so he elected to speak. He verified the facts. Senator Quinn chose to dismiss, diminish and disregard his testimony.

As such, the problem with child support orders exceeding a persons ability to pay was not addressed by the legislature.

Sen Quinn’s first major unethical act was to seek to extend the legislative privilege of exemption from court. Under existing law, Legislators do not have to go to court for any reason while the legislature is in session and they got a reasonable delay for ‘out of session’ meetings. This is a good law. Senator Quinn sought to change this law. She claimed her bill had no major changes in it and was just ‘cleaning up messy law’. In actuality, her bill granted all of the legislators a 60 day exemption for any out of session meeting they attended. Given that certain committees meet monthly out of session, this was tantamount to a ‘stay out of court’ pass for the entire duration that a legislator (and any of their clients from drunks to mass murderers) that the legislator was in office.

No other state does this. Every legislator turned a blind eye except one. I had to rely on a democrat (Rep Abramson) to call her to heel.

She did get one revision made to the existing law, which as soon as the legislature signed the law into effect, she had her laywers in court applying the new 60 day in session exemption that she had obtained.

Sen. Quinn’s next major attack on her ex, and by extension all the daddies in the State, was to seek to make ANY amount of child support owed a felony with an arbitrary fine with no upper limit. Rep Wooten stopped her “Day late or a dollar short” bill in his House Committee. (Thank you Rep Wooten !!!).

The men of this State need relief from the arbitrary and capricious application of the child support laws by the corrupt judicial officials in this State.

The second case I asked LeBlanc about, she can be excused for not knowing about as it is not yet as famous as MARTELLO.

However it is even more horrific.

In that case, Daniel Hoover Hoover, a wheel-chair bound quadriplegic due to a brain aneurysm, was subject to an abusive child support order by his ex-wife – a school teacher.

Kelly Wolf (then Hoover) filed a petition for divorce demanding 100% of his disability check, $1,045/month at the time, plus any increases he may obtain as ‘CHILD SUPPORT’.

That’s right, SHE DEMANDED HIS ENTIRE INCOME AS CHILD SUPPORT.

We need a law, DANIEL’S LAW, making it clearly ILLEGAL for an attorney to demand someones entire income as child support.

Not only did she demand it, she OBTAINED IT. Judge Bruce Bennett signed off on a ‘consent judgment’ granting her 100% of Daniel’s income as child support.

They worked this magic by getting the Judge to appoint an attorney for Daniel. This attorney worked out of her attorney’s office (the attorney deducted his fee from her attorney’s rent). The attorney never met with Daniel but once – and that was in a public meeting with the ex-wife and her attorney present.

In defense of the attorney, he was 90+, nearly completely deaf and blind, and thought he was doing Daniel a favor.

The ex-wife also fraudulently interdicted Daniel Hoover.

When the parents for Daniel finally got Daniel Hoover away from this black wanna-be widow, and asked the court to give Daniel visitation time with his son, the ex-wife responded by hiring the state to pursue Daniel Hoover as a deadbeat.

She perjured herself and claimed in her forms that he had NEVER paid child support and that he owed $19,000+.

The D.A. instead of prosecuting her for fraud, removed the 7 or so months from the demand that she collected his entire check, and chased Daniel Hoover for $10,000+

At the hearing, The hearing officer, despite the petition filed that day by Daniel’s attorney, once again set the child support order at 100% of Daniel’s income. She got Judge Bruce Bennett to once again sign an order granting 100% of Daniel’s income. She got an income assignment order signed garnishing his check.

Fortunately, Daniel had some protection from these vile monsters. State law prevents more than 50% of net income from being taken (R.S. 13:3881), so the Feds only garnished 50% of Daniel’s check – despite the demand FOR ALL OF IT.

Eventually, Judge Bennett woke from his slumber, after three checks were garnished, he voided the order.

However, this did not stop the ex-wives attorneys – Sherman Mack and Jeffery Oglesbee from continuing to demand DANIEL’S ENTIRE CHECK AS CHILD SUPPORT. (Note: Sherman Mack is now a State Rep for Livingston parish – What is wrong with that picture?)

We will skip for now the rest of the evil that these people have done to Daniel and his family – the bogus arrests and outright fraud – and get back to LeBlanc.

When I told LeBlanc about the order for 100% of Daniel Hoovers income, her response was that ‘there must have been special needs for the child’. This is NOT an ordinary response.

Ordinary people respond with a shocked ‘WHAT WAS HE SUPPOSED TO EAT ?!?’.

Other than the outright greed and corruption of the officers of the 19th JDC, there were no special needs for this child. The ex-wife had married the step-son of a district judge – Judge Elizabeth Wolfe. It was just a case of extra special home cooking for which we can for some reason find no adults in the state willing to address and correct the problem. (JUDGE WOLFE SHOULD BE REMOVED FROM THE BENCH !!!)

The State of Louisiana does not need any more monsters in office. We have had enough corrupt judges. From Judge Bodenheimer to Judge Greene to Judge Porteous to Judge Benge to Judge Wendell Miller.

The Judicial Commission when it does act, acts glacially slow. They did not remove Judge Wendell Miller until thirteen (13) years after the fact.

Please DO NOT elect LeBlanc Judge.

Children CANNOT thrive unless BOTH parents are in their lives and BOTH parents are able to financially survive and thrive.