Carleton Hebert Wittenbrink & Shoenfelt, LLC
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December 2018 Archives

Establishing paternity of a child in Louisiana

Establishing the identity of a child's biological father can have far-reaching consequences. Paternity affects a number of rights, including a child's right to inherit, the father's obligation to provide for the child's financial support and eligibility for a number of state and federal government benefits. Also, a father may suffer from a genetica disease, and proving paternity can help treat a child if they have been affected by the disease.

Iconic burger chain involved in lawsuit with former franchisee

Bud's Broiler is perhaps the oldest local burger chain in New Orleans. The owner of the franchise, Bud's Broiler Holdings, is now involved in litigation with the franchisee who ran the oldest location in the city on City Park Avenue. A franchise in Baton Rouge owned by the same franchisee also closed recently.

Understanding the role of a parenting coordinator

Many Baton Rouge residents who have endured the stress and emotion of a divorce involving minor children have discovered that disputes about the child's welfare did not stop with the entry of the judgement of divorce. In order to assist parents in resolving disputes concerning their child's welfare, the Louisiana legislature has created the office of parenting coordinator.

Is Your Will Valid?

Many people go to a Notary Public to notarize documents that the notary did not draft. A common example may be a "Last Will and Testament" prepared from a "will kit" or downloaded from the internet by the testator.   Louisiana law is explicit in setting forth the required elements for a notarial testament, which makes a notarial testament a fairly easy document to create--provided that the creator follows the law and includes specific required elements that are set forth in the Louisiana Civil Code. 

How is the new tax law impacting alimony?

When the Tax Cuts and Jobs Act (TCJA) passed in late 2017, much of the focus was on what tax breaks would be available. Unfortunately, for high-asset couples, the law’s implementation on January 1, 2019 also brings some changes to alimony that could complicate divorces.

What is a limited liability company?

Residents of Baton Rouge who are interested in starting a business must chose a legal form for that business. In doing so, they are immediately confronted with a confusing array of business law abbreviations, including, "corp.," "inc." and "llc." They may also come across terms such as partnership and limited partnership. What does it all mean?

What is a "103 divorce" in Louisiana?

Many residents of Baton Rouge have heard the term "103 divorce," but few of them understand the meaning of the phrase. The phrase refers to the section of the Louisiana Civil Code that specifies the most commonly used grounds for divorce. The section has special relevance for couples that have experienced domestic violence.

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