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The custodial parent can take legal action to enforce a child support order if one parent is not paying. DCFS Child Support Enforcement may take action to collect child support. Child support and custody are separate issues. A parent cannot withhold visitation or take away custody as a way to collect child support.
A parent must pay child support regardless of visitation or custody. An unemployed parent in Louisiana may be eligible to get unemployment benefits. Depending on the circumstances around unemployment a parent may not pay child support.
(1) In cases of joint custody, the court shall consider the period of time spent by the child with the nondomiciliary party as a basis for adjustment to the amount of child support to be paid during that period of time.
The Court will consider the "capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs." Capacity is not limited to whether the parent can afford to buy these things. A parent may have the ability to purchase them, but not the disposition to do so.
Here are the steps for officially filing for custody in Louisiana: Filing a petition or motion for custody. Serving the petition to the opposing parties. Receiving an answer, opposition, or countermotion. Hearing or trial.