Written by attorney Michael D. Conroy

Louisiana Child Support - Modification and Enforcement- I. Statuatory Authority


Civil Code Article 141. Child support; authority of court

In a proceeding for divorce or thereafter, the court may order either or both of the parents to provide an interim allowance or final support for a child based on the needs of the child and the ability of the parents to provide support.

The court may award an interim allowance only when a demand for final support is pending.

Civil Code Article 142. Modification or termination of child support award

An award of child support may be modified if the circumstances of the child or of either parent materially change and shall be terminated upon proof that it has become unnecessary.

La. Code Article 2000. Damages for delay measured by interest; no need of proof; attorney fees

..... at the rate of legal interest as fixed by R.S. 9:3500. The obligee may recover these damages without having to prove any loss, and whatever loss he may have suffered he can recover no more. ........

Civil Code Article 2036. Act of the obligor that causes or increases his insolvency

Code of Civil Procedure Article 2592. Use of summary proceedings

Summary proceedings may be used for trial or disposition of the following matters only:

. . .

(8) The original granting of, subsequent change in, or termination of custody, visitation, and support for a minor child; support for a spouse; injunctive relief; support between ascendants and descendants; use and occupancy of the family home or use of community movables or immovables; or use of personal property.

. . .

Code of Civil Procedure Article 3943. Appeal from judgment awarding custody, visitation, or support

An appeal from a judgment awarding custody, visitation, or support of a person can be taken only within the delay provided in Article 3942. Such an appeal shall not suspend execution of the judgment insofar as the judgment relates to custody, visitation, or support.

Civil Code Article 3501.1. Actions for arrearages of child support

An action to make executory arrearages of child support is subject to a liberative prescription of ten years.

Children's Code Article 1301.1. Short title

This Chapter may be cited as the "Uniform Interstate Family Support Act".

Children's Code Article 1302.6. Enforcement and modification of support order by tribunalhaving continuing jurisdiction

Children's Code Article 1303.4. Duties of initiating tribuna l

LSA-R.S. 9:303. Income assignment; new orders; deviation

LSA-R.S. 9:311. Modification of support; material change in circumstances; periodic review by Department of Children and Family Services; medical support

A.(1) An award for support shall not be modified unless the party seeking the modification shows a material change in circumstances of one of the parties between the time of the previous award and the time of the rule for modification of the award.

(2) The Department of Children and Family Services shall prepare and distribute information, forms, and rules for the modification of support orders................

B. A judgment for past due support shall not of itself constitute a material change incircumstances of the obligor sufficient to reduce an existing award of support.

C. For purposes of this Section, in cases where the Department of Children and Family Services is providing support enforcement services:

(1) A material change in circumstance exists when a strict application of the child support guidelines, Part I-A of this Chapter, would result in at least a twenty-five percent change in the existing child support award. A material change in circumstance does not exist under this Paragraph if the amount of the award was the result of the court's deviating from the guidelines pursuant to R.S. 9:315.1 and there has not been a material change in the circumstances which warranted the deviation.

(2) ''''''''''''' the court may adjust the amount of the existing child support award every three years if the existing award differs from the amount which would otherwise be awarded under the application of the child support guidelines. The review provided hereby does not require a showing of a material change in circumstance nor preclude a party from seeking a reduction or increase under the other provisions of this Section.

D. A material change in circumstance need not be shown for purposes of modifying a child support award to include a court-ordered award for medical support.

E. If the court does not find good cause sufficient to justify an order to modify child support or the motion is dismissed prior to a hearing, it may order the mover to pay all court costs and reasonable attorney fees of the other party if the court determines the motion was frivolous.

LSA-R.S. 9:315. Economic data and principles; definitions

. .

(5) "Income" means:

(a) Actual gross income of a party, if the party is employed to full capacity; or

(b) Potential income of a party, if the party is voluntarily unemployed or underemployed. A

party shall not be deemed voluntarily unemployed or underemployed if he or she is absolutely unemployable or incapable of being employed, or if the unemployment or underemployment results through no fault or neglect of the party.

(c) The court may also consider as income the benefits a party derives from expense-sharing or other sources; however, in determining the benefits of expense-sharing, the court shall not consider the income of another spouse, regardless of the legal regime under which the remarriage exists, except to the extent that such income is used directly to reduce the cost of a party's actual expenses.

. . .

LSA-R.S. 9:315.21. Retroactivity of child support judgment

(2) If an interim child support allowance award is not in effect on the date of the judgment awarding final child support, the judgment shall be retroactive to the date of judicial demand,except for good cause shown, but in no case prior to the date of judicial demand.

LSA-R.S. 9:315.22. Termination of child support upon majority or emancipation; exceptions

D. An award of child support continues with respect to any child who has a developmental disability, as defined in R.S. 28:451.2, until he attains the age of twenty-two, as long as the child is a full-time student in a secondary school. The primary domiciliary parent or legal guardian is the proper party to enforce an award of child support pursuant to this Subsection.

LSA-R.S. 315.24. Child support enforcement; revocatory and oblique actions

LSA-R.S. 9:315.30. Family financial responsibility; purpose

The legislature finds and declares that child support is a basic legal right of the state's parents and children, that mothers and fathers have a legal obligation to provide financial support for their children....,

LSA-R.S. 9:315.40. Definitions

. . . (4) "License" means any license, certification, registration, permit, approval, or other similar document evidencing admission to or granting authority for any of the following:

(a) To engage in a profession, occupation, business, or industry.

(b) To operate a motor vehicle. For purposes of this Subpart, a license to operate a motor

vehicle shall also include the license plate for any vehicle registered in the name of any obligor, as well as the registration for such vehicle.

(c) To participate in any sporting activity, including fishing and hunting.

(d) To operate a motorboat, a sailboat, or a trailer.

. . .

LSA-R.S. 9:315.41. Notice of child support delinquency; suspension of license

LSA-R.S. 9:324. Cancellation of record following payment

LSA-R.S. 9:375. Award of attorney's fees

. . .

LSA-R.S. 13:4291. Effect of child support payments; legal mortgage and privilege; affidavit of support owed; prescription

LSA R.S. 13:4611. Punishment for contempt of court

(d) For any other contempt of court, including disobeying an order for the payment of child support or spousal support or an order for the right of custody or visitation, by a fine of not more than five hundred dollars, or imprisonment for not more than three months, or both.

. . .

(f) A pattern of willful and intentional violation of this Section, without good cause, may constitute a material change in circumstances warranting a modification of an existing custody or visitation order.

. . .

LSA-R.S. 46:236.1.1. Family and child support programs; definitions

. .

(8) "Support services" and "support enforcement services"

LA-R.S. 46:235.1.2. Family and child support programs; responsibilities

(1) Enforce, collect, and distribute the support obligation owed by any person to his child or children and to his spouse or former spouse with whom the child is living if a support obligation has been established with respect to such spouse or former spouse.

(2) Locate absent parents.

(3) Establish paternity.

(4) Obtain and modify family and child support orders.

(5) Obtain and modify medical support orders.

LSA-R.S. 46:236.3. Enforcement of support by income assignment

. . .

LSA-R.S. 46:236.6. Failure to pay support; procedure, penalties and publication

LSA-R.S. 46:236.16. Child support mortgage and privilege by affidavit; effect of filing

A. The director of support enforcement services, office of children and family services,

Department of Children and Family Services may cause a "Child Support Mortgage and Privilege by Affidavit of DSS", as provided in R.S. 13:4291(B), to be recorded in the mortgage records of any parish in which the support obligor owns movable or immovable property, and with the office of the secretary of state for inclusion in the master index authorized under R.S. 10:9-519. ......................

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