Louisiana Child Support Order

A Louisiana child support order represents a legally binding court document that establishes the financial obligations parents have toward their children. Understanding how these orders work, how they are established, and how they are enforced is crucial for parents navigating the child support system in Louisiana.

What is a Louisiana Child Support Order

A Louisiana child support order is a court-issued document that specifies the support amount one parent must pay to help cover the costs of raising their child. These child support orders include detailed information about payment amounts, payment schedules, and how support should be paid. The order also outlines additional responsibilities such as health insurance coverage and extraordinary expenses.

The Louisiana Legislature created the Child Support Award Guidelines to calculate child support using standardized formulas. These child support guidelines set rules for how much parents should contribute to their child's financial support based on the income of both parties and other relevant factors. The system ensures that children receive consistent financial support regardless of their parents' relationship status.

Child support orders in Louisiana are based on the principle that both parents have a continuous obligation to support their children financially. The state's approach recognizes that children should not become economic victims of divorce or separation, and they deserve to share in the current income of both parents.

Establishing a Child Support Order

The process to establish and enforce child support orders in Louisiana involves several steps and can be initiated by various parties. Understanding who can request support and how the process works helps parents navigate the system effectively.

Who Can Request Child Support

Generally, either parent can go to court and ask for a child support order to establish a set amount for child support. Additionally, a person who has custody of a child, such as a grandparent or other relative, can request an order when they are responsible for the child's care.

If either parent receives public assistance for the child and they are not married and living together, the local attorney's office can automatically request a child support order. This ensures that the state can recover some of the costs of providing assistance to families in need.

The Establishment Process

Louisiana child support orders are established through Louisiana Support Enforcement Services, which is administered by the Department of Children and Family Services. This program works with parents to provide emotional, financial, and medical support for their children.

The establishment process begins with determining paternity when necessary. Under Louisiana law, the father of a child born outside of marriage is not responsible for child support until paternity is legally established. This can happen through an Acknowledgment of Paternity signed voluntarily or through court proceedings if the alleged father disputes paternity.

Once paternity is established, the next step involves calculating the appropriate support amount using the Louisiana child support guidelines. The calculation considers the gross income of both parents, the number of children requiring support, and additional expenses such as health insurance premiums and childcare costs.

How Child Support is Calculated

The calculation of child support in Louisiana follows a structured process that ensures fairness and consistency across cases. The system uses the Income Shares Model, which attempts to provide children with the same proportion of parental income they would receive if their parents lived together.

Income Determination

The first step in calculating child support involves determining the gross income of both parents. Gross income includes income from any source, including salaries, wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, social security benefits, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, and spousal support received from previous relationships.

For self-employed individuals or business owners, gross income represents gross receipts minus ordinary and necessary expenses required to produce income. The calculation excludes certain types of income, such as child support received from other relationships, benefits from public assistance programs, and non-taxable per diem allowances.

Basic Child Support Obligation

After determining gross income, the calculation moves to adjusted gross income by subtracting any preexisting child support or spousal support obligations owed under other court orders. The combined adjusted gross income of both parents forms the basis for determining the basic child support obligation using Louisiana's standardized schedule.

The schedule provides economic estimates of child-rearing expenditures for various income levels and numbers of children in the household. This data reflects national averages adjusted for Louisiana's economic conditions and incorporates a self-sufficiency reserve for low-income obligors.

Additional Expenses

Beyond the basic child support obligation, child support orders must include additional expenses that reflect the real costs of raising children. Net child care costs incurred due to employment or job search are added to the basic obligation, calculated as the actual cost minus the value of the federal income tax credit for child care.

Health insurance premiums paid specifically for the child are also included in the support calculation. If the child is covered by Medicaid, the court must order a cash medical support amount to help offset the state's costs.

Other expenses may be included by agreement of the parties or court order, such as extraordinary medical expenses exceeding $250 per child per year, transportation costs for moving children between parents' homes, tuition for special or private schooling, and expenses for activities that enhance the child's development.

Enforcement of Child Support Orders

Louisiana has developed comprehensive enforcement mechanisms to ensure that child support payments are made consistently and on time. The Child Support Enforcement program can enforce payment of support through various methods designed to encourage compliance and collect unpaid support.

Primary Enforcement Methods

Income assignment represents the most effective enforcement tool, accounting for more than 65% of the money collected each year. This process automatically deducts support payments from the paying parent's wages or other income sources. Child support orders must contain an income assignment order provision, and in most instances, the court orders payments to be withheld from income immediately.

Tax refund interception provides another powerful enforcement mechanism. The state can intercept both state and federal tax refunds to satisfy unpaid child support obligations. Additionally, lottery winnings, casino prizes, and sports betting winnings can be intercepted to collect overdue support.

Additional Enforcement Actions

When standard enforcement methods prove insufficient, Louisiana child support enforcement can take more serious actions. These include suspension of occupational, professional, driver's, hunting, and fishing licenses. Motor vehicle registration can also be suspended, preventing the obligor from legally operating their vehicle until support obligations are current.

Contempt of court hearings can result in fines or imprisonment for willful non-payment of support. The state can also deny passport applications or renewals for parents who owe significant amounts of unpaid child support, preventing international travel until obligations are satisfied.

The following enforcement tools are available to collect unpaid support:

• Income assignment and wage garnishment
• Tax refund interception at state and federal levels
• License suspension for various professional and personal licenses
• Motor vehicle registration suspension
• Contempt of court proceedings with potential jail time
• Passport denial for significant arrearages

Medical Support Requirements

Louisiana child support orders must include provisions for medical support, which encompasses both health insurance coverage and payment of medical expenses. This requirement ensures that children have access to necessary healthcare while sharing the costs between both parents.

Health Insurance Coverage

Courts may require the non-custodial parent to provide health insurance for the child when coverage is available through their employer at reasonable cost. The actual amount paid by a parent for providing health insurance on behalf of the child is included in the support calculation as health insurance premiums.

When multiple dependents are covered by health insurance paid through a lump-sum dependent-coverage premium, and not all dependents are subject to the child support calculation, the cost of coverage must be prorated among the dependents before being applied to the guidelines.

Cash Medical Support

If the child is covered by Medicaid, the court must order a cash medical support amount. This provision helps the state recover some of the costs associated with providing medical coverage for children whose parents receive public assistance.

The cash medical support amount is separate from regular child support payments and specifically addresses medical expenses not covered by insurance. This includes ordinary medical expenses up to $250 per child per year, which are incorporated into the basic support schedule.

Collection and Distribution of Payments

The Department of Children and Family Services operates a Centralized Collection Unit (CCU) that collects all payments for child support, medical support, and associated fees. This centralized system ensures efficient processing and distribution of payments while maintaining detailed records for all parties.

Payment Processing

The CCU processes payments from Monday through Friday, with amounts typically sent out the next business day after receipt. This efficient system minimizes delays in getting support payments to custodial parents while maintaining accurate accounting for all transactions.

Child support payments should be made by money order or cashier's check and mailed to the designated collection unit. All payments must be made payable to DCFS and include the payer's name, address, and social security number or LASES number on the payment instrument.

Distribution Methods

DCFS sends all payments by direct deposit into checking accounts, savings accounts, or Direct Payment Card accounts. This electronic distribution system ensures that custodial parents receive their support payments quickly and securely.

Recipients can check their Direct Payment Card balance through the designated website or mobile app. The system provides 24-hour access to account information and transaction history, helping custodial parents manage their finances effectively.

Modifying Child Support Orders

Child support orders can be modified when circumstances change significantly, ensuring that support amounts remain appropriate as families' situations evolve. Understanding when and how to request modifications helps parents maintain fair support arrangements.

Grounds for Modification

Generally, a child support order cannot be modified unless the party seeking to change the order demonstrates a material change in circumstances since the original order was granted. Examples of material changes include job loss, significant income increases or decreases, changes in custody arrangements, or substantial changes in child care expenses.

The Louisiana Child Support Enforcement program will review existing orders and file modification requests when specific criteria are met. Orders issued or last modified at least three years ago are eligible for review if new calculations result in different support amounts.

Modification Process

Parents can request modifications through the Child Support Enforcement program or file directly with the court. The enforcement program provides assistance with the modification process, including recalculating support amounts and preparing necessary documentation.

When filing directly with the court, parents must prove that qualifying changes in circumstances have occurred. The court will hold a hearing to review evidence and determine whether modification is appropriate based on the child's best interests.

Special Circumstances and Considerations

Certain situations require special consideration in Louisiana child support cases. Understanding these circumstances helps parents navigate complex cases and ensures that children's needs are met appropriately.

Joint Custody Arrangements

In cases involving joint custody, the court must consider the amount of time the child spends with each parent as a basis for adjustment to the child support amount. The calculation becomes more complex because both parents incur direct costs during their respective parenting time.

The shared custody calculation accounts for the additional expenses of maintaining two households suitable for children and considers the exact percentage of time children spend with each parent. This approach recognizes that both parents face duplicate expenses for housing, utilities, and other basic necessities.

Income Imputation

When a parent is voluntarily unemployed or underemployed, courts may calculate support based on potential earning capacity rather than actual income. This prevents parents from deliberately reducing their income to minimize support obligations.

The court considers various factors when determining earning capacity, including the parent's age, health, employment history, job skills, education level, and local job market conditions. If no evidence exists regarding earning potential, Louisiana law presumes the parent can earn minimum wage for 32 hours per week.

Support Enforcement Services

Louisiana provides comprehensive support enforcement services through the Department of Children and Family Services, Child Support Enforcement Section. These services extend beyond simply collecting payments to include a full range of assistance for families dealing with child support issues.

Available Services

The Child Support Enforcement program offers parent locator services using various databases and information sources to find non-custodial parents who have moved or are avoiding their obligations. The program can access federal databases, state directories of new hires, and other resources to locate absent parents.

Paternity establishment services help determine biological fathers when paternity is disputed or uncertain. The program provides genetic testing at no cost when paternity has not been established, though costs may be recovered from the father if testing confirms paternity and he initially refused to cooperate.

The program also assists with establishing child support orders, collecting and distributing payments, and enforcing orders when parents fail to pay. These comprehensive services ensure that children receive the financial support they need while reducing the burden on custodial parents to pursue support independently.

Accessing Services

Any parent or person responsible for a child can apply for child support enforcement services. Parents who receive public assistance through programs like FITAP, KCSP, or Medicaid automatically receive child support enforcement services as part of their benefits.

Parents who do not receive public assistance can apply for services by paying a $25 application fee. The services available include all aspects of the child support process, from initial establishment through ongoing enforcement and modification.

The program operates in all 64 Louisiana parishes and has cooperative agreements with 40 District Attorneys throughout the state. This comprehensive coverage ensures that families in all areas of Louisiana have access to child support services.

Getting Help and Information

Parents dealing with child support issues have access to various resources and support systems. Understanding these resources helps families navigate the system effectively and ensures that children receive appropriate support.

Case Information Access

Parents can access their child support case information through the CAFÉ system, which provides online access to case details, payment history, and communication with caseworkers. The system allows parents to submit questions and receive updates about their cases electronically.

For case information, parents can also call the toll-free number that provides an interactive voice response system. This system offers payment receipt and disbursement information, arrearage details, and general child support information 24 hours a day, seven days a week.

Professional Assistance

While the child support enforcement program provides comprehensive services, some situations benefit from professional legal assistance. Complex cases involving business ownership, interstate issues, or disputed modifications may require attorney representation.

Parents should consider consulting with family law attorneys when facing contested modifications, disagreements about income calculations, or situations where the enforcement program cannot provide adequate assistance. Legal professionals can provide personalized advice and representation in court proceedings.

The Louisiana child support system provides multiple resources and tools to help families establish and maintain appropriate support for children. Please visit the Department of Children and Family Services website for additional information and access to online services that can help with your specific situation.