L EGAL E AGLES Q&A

I work during the summer and have no relatives in town who can take care of my daughter when she is out of school. My ex-husband says he will not help me pay for the costs of daycare during the summer because he already pays child support. Can I force him to pay for the costs of summertime daycare?

Most likely, yes. The law provides that reasonable child care costs due to employment or job search can be added to the basic child support obligation. Keep in mind, you will most likely receive a little extra every month, rather than just extra in the summertime, unless special arrangements are made between you and your ex or your attorneys. It is best to consider summertime child care costs when the child support amount is originally set in order to avoid occurring additional attorney fees and court costs in modifying the child support obligation.

I am recently married and do not know if I need a will. I want to make sure that if I die, my wife will receive everything I own, including the house that I bought before I met her. I have no children, so will my wife receive everything even if I do not have a will?

You do need a will. If you die without a will, Louisiana law dictates who will receive your house. Since you purchased your home before the marriage, it is considered your separate property. Under Louisiana law, your parents would receive the use of your house, and your siblings would receive ownership of your house. It is very important to consult with an attorney regarding writing a will after a life transition such as a recent marriage, birth of a child or even a home purchase in order to ensure that your estate will be handled as your desire.

I live in an apartment complex and I originally signed a six months lease. The six months was over several months ago, but I continue to live in the apartment. My landlord has not approached me about signing a new lease. Is this okay?

This is a common situation; however, you should be aware that since you are no longer living under the six months lease, Louisiana law now treats this as a month-to-month lease. Month-to- month leases may be terminated by either party with written notice given at least 10 days before the end of the month. You may want to approach your landlord about signing another lease rather than risk having to move out with just ten days notice.

Lyla Neelis DeBlieux, Attorney- 263 Third St. Ste. 310, Baton Rouge, LA 70802 225.448.LYLA(5952)

Submit your questions to lyla@deblieuxlaw.com. This column contains general information about legal issues, and is not intended as specific attorney-client advice or as an adequate substitute for consulting an attorney and providing all the specific facts at issue, in order to receive adequate guidance. The author of this column has not accepted any engagement as counsel for the anonymous questioners.

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