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Louisiana State Profile |
Updated on 14 Sep 2007
Certified on 17 Sep 2007
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A. General/State-At-A-Glance |
 |
| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
State Administered/State Operated. |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
12 District Offices. |
| A3. With what types of agencies do you have cooperative agreements? |
39 Offices of the District Attorney and Clerks of Court |
| A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only? |
Yes |
| A4.1. If so, what is the statutory citation? |
R.S. 46:236.1.7 |
| A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
No |
| A4.3. If so, please explain. |
|
B. UIFSA |
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| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
01/01/1996 |
| B2. What is the effective date of your State's Act? |
01/01/1996 |
| B3. What is the statutory citation for your State's Act? |
Children's Code Article 1301.3 through 1308.2.
For Additional Information - Click Here |
| B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)? |
1996 Version |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
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| B5. Optional comments regarding your State's UIFSA Act. |
|
C. Reciprocity |
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| C1. With what foreign countries does your State reciprocate? |
Australia, El Salvadore, France,Germany, Hungary, Netherlands, Norway, Ireland, Poland, Saipan, United Kingdom, Czech Republic, Slovak Republic, Portugal, and Canada: Ontario, Alberta, Manitoba, Newfoundland, British Columbia, Nova Scotia, Saskatchewan, and the Yukon Territory. |
| C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? |
No |
| C1.2. If yes, please explain. |
|
| C2. Has your State established reciprocity with any tribal courts? |
No |
| C2.1. If yes, list the tribes and identify services provided, if less than full services. |
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D. Age of Majority |
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| D1. What is the age of majority in your State? |
18 years of age. |
| D2. What is the statutory cite for the age of majority? |
Civil Code Article 29.
For Additional Information - Click Here |
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
Louisiana Revised Statute 9:315.22(C)allows for child support to be paid for a child over the age of majority if the child is unmarried, a full time student in good standing in a secondary school, and dependent on either parent. |
| D4. Does the date of the order impact what law is applied? |
No |
| D4.1. If so, please explain. |
|
| D5. Does child support end if the child leaves the household but does not emancipate? |
No |
| D5.1. Optional comments regarding emancipation. |
|
| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
Yes |
| D6.1. If so, please explain. |
- 18 year old who is a full-time student in good standing at a secondary school and is dependent on either parent; - a developmentally disabled child up to age 22; - a child placed under continuing tutorship by the court. |
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
No |
| D7.1. If yes, please describe the procedure. |
|
E. Statute of Limitations |
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| E1. What is your State's statute of limitations for collection of past due support? |
Child support does not commence to prescribe, or run, until the child reaches his/her eighteenth(18th)birthday, the age of majority. Therefore, the statute of limitations on the past due support is ten (10) years from the age of majority, if there has been no interruption of the prescription. (La. Revised Statute 13:4291; La. Civil Code Article 3501.1) |
| E2. What is your State's statute of limitations for paternity establishment? |
There is no statute of limitations for a child to establish paternity except that the child must establish paternity within 1 year of the death of an alleged father. (La. Civil Code Article 197) A man may commence an action to establish his paternity at any time. However, if the child is presumed to be the child of another man, the action shall be commenced within 1 year from the birthday of the child. If the mother acted in bad faith, the action shall be commenced within 1 year from the day the father knew or should have known of the birthday of the child or within 10 years of the birthday of the child, whichever first occurs. (La. Civil Code Article 198) |
| E3. Is dormancy revival/renewal possible? |
Yes |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
A judicial mortgage or lien that has been properly recorded must be reinscribed (revived)before the expiration of 10 years from the date it was recorded. (La. Revised Statute 9:5502 effective until June 30, 2006; effective January 1, 2006 La. Civil Code Articles 3362-3364) |
F. Support Details |
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| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? |
Shared income model. |
| F2. Does your State charge interest on missed arrears? |
No |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
|
| F3. Does your State charge interest on retroactive support? |
No |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
|
| F4. Does your State charge interest on adjudicated arrears? |
No |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
|
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
Yes |
| F5.1. If so, under what circumstances? |
However, the amount of the uninsured portion of the medical bill must be reduced to a judgment. |
| F6. Have you elected to recover costs or charge fees in your State Plan? |
Yes |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
A one time application fee of $25 for NA application; Federal and State tax offset fees; parent locate only fees. |
| F6.2. What costs are recovered from/fees charged to the obligor? |
The court may order the obligor to pay court costs and/or reimburse the cost of genetic testing fees. The court may order an administrative court fee of 5%. |
| F7. Does your State recover costs on behalf of the initiating State? |
Yes |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
Genetic testing costs. |
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
Children's Code Articles 1302.1 and 1302.2 (UIFSA Long-arm Provisions) LSA R.S. 13:3201 et. seq.
For Additional Information - Click Here |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
Yes |
| F9.1. If yes, under what circumstances? |
Spousal support is not established but is enforced in conjunction with a child support order. |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
No |
| F10.1. Optional comments regarding required information on spouse or partner. |
However, the information may be helpful, as under state guidelines law, the court may consider the benefit of expense sharing. |
G. Income Withholding |
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| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
Income Assignment |
| G2. What specific source of income is not subject to withholding? |
Supplemental Security Income, VA Disability Benefits.
For Additional Information - Click Here |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
Yes |
| G3.1. If yes, what are those limits? |
Withholding for child support cannot exceed 50% of disposable earnings. |
| G4. What is the allowable fee per pay period for processing income withholding payments? |
$5 per withholding. |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
The employer must implement withholding no later than the first pay period following receipt of the notice. |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
The employer must forward the amount withheld within seven days. |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
The court enters judgment against the payor and direct the issuance of an execution for the total amount the payor failed to withhold or pay over. |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
See G7. |
| G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? |
Yes |
| G9.1. Optional comments regarding direct withholding of UI benefits across State lines. |
|
| G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? |
Yes |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
If there is a disputed claim or pending settlement, Louisiana should be requested to register the order for enforcement. |
| G11. How does an obligor contest income withholding in your State? |
The obligor must file a petition to stay service with the clerk of the court within 15 days of the notice. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
When two or more orders to withhold income for support are received, the orders are prorated. |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? |
Yes |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
R.S. 46:236.3 and R.S. 13:3881
For Additional Information - Click Here |
| G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
No |
| G14. When does your state require the employer to send notice of an employee's termination? |
Within 10 days. |
| G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
No determination. |
| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
No |
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
Yes, see www.expertpay.com. |
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
Employer Bureau of Workers Compensation Unemployment Bureau |
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
Current support is given priority per R.S. 46:236.3 |
H. Paternity |
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| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
No |
| H1.1. If yes, please explain. |
|
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
99.9% |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
The legislature is currently proposing legislation to make acknowledgments conclusive. |
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
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| H4.1. Were acknowledgments prior to that effective date rebuttable? |
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| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
|
| H5. Does marriage constitute a rebuttable presumption of paternity? |
Yes |
| H5.1. How is the presumption rebutted? |
The husband is presumed to be the father of children born or conceived during the marriage. This presumption may be rebutted by the filing of a petition for disavowal. |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
No |
| H6.1. If not, briefly explain. |
It creates a presumption of paternity which may be rebutted. However, the department can obtain child and medical support orders without proving paternity if the father's name is on the child's birth certificate. |
| H7. Does your State have any other paternity-related presumptions? |
No |
| H7.1. If yes, briefly explain. |
|
| H8. Does your State have a putative fathers' registry? |
Yes |
| H8.1. If so, what is the name of that entity? |
Vital Records Registry / Putative Father Registry |
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
Yes |
| H9.1. Please describe any circumstances under which these fees may be waived. |
Fees are waived for the Louisiana IV-D agency. |
| H10. Is common law marriage recognized in your State? |
No |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
|
| H10.2. When did your current common law standard go into effect? |
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| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
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| H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
Under UIFSA proceedings, the physical presence of the petitioner is not required. A party or witness may testify by telephone, or other audiovisual means. |
| H12. Please give the cite for your State's long arm statute and list any special provisions. |
Children's Code Articles 1302.1 and 1302.2 (UIFSA); La R.S. 13:3201 et. seq.For Additional Information - Click Here
For Additional Information - Click Here |
| H13. Does your State recover genetic testing costs for other States? |
Yes |
| H13.1. If so, please explain. |
When our state is responding to a request for paternity establishment and the father who denied paternity is ordered to pay the cost for genetic testing. |
| H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
Yes, see: www.dhh.louisiana.gov/offices/publications.asp?ID=252&Detail=1045 |
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
|
| H16. If there is more than one child with the same custodial parent, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
One set of documents is sufficent with individual affidavits of paternity. |
I. Support Order Establishment |
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| I1. Does your State use an administrative or a judicial process to establish a support obligation? |
Support orders are established through a judicial process. |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
|
| I1.2. Under what circumstances would the judicial process be used? |
|
| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
For Additional Information - Click Here |
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
The custodial parent's income is considered. The income of the child may be considered in certain circumstances. |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
Louisiana Guidelines allow the court to deviate from the Guidelines if their application would not be in the best interest of the child or would be inequitable to the parties. |
| I4. Will your State establish support orders for prior periods? |
Yes |
| I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
The court may order support retroactive to the date of the filing of the petition. |
| I4.2. What information or documentation does your State require to proceed? |
None. |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
No |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
Retroactive to filing of the petition. |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
We can perform the following through the administrative process: license suspension, federal tax offset, seize and intercept (state tax, unemployment compenstation benefits, worker's compensation, lottery winnings, asset held in financial institutions, and public and private retirement funds), impose liens, genetic testing, subpoena authority, access to information, require mothers to illegitmate children to sign a Paternity Declaration Form. Yes, our state uses an administrative process for paternity, establishment, modification and the enforcement of child support. |
| I6. What is your State's statutory authority for the administrative process? |
LA R.S. 46:236.15 (Limited Administrative Authority for Certain Paternity and Child Support Actions); LA R.S. 9:315:40 through 9:315:48 (Administrative Suspension of Certain Licenses for Non-payment of Child Support); and LA R.S. 40:34(E)(Vital Records Forms)
For Additional Information - Click Here |
| I7. Is there a local State law that allows the interstate administrative subpoena? |
Yes R.S. 46:236.15B |
| I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
No |
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
No |
| I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
No |
| I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action? |
Modification |
J. Support Enforcement |
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| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both? |
|
| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
Administrative procedure. |
| J2. Is the lien process in your State judicial, administrative or both? |
Administrative and Judicial. Notice of Interstate Lien should be filed with the Clerk of Court of the parish where it is known or suspected the NCP has property or assets. |
| J2.1. What are the trigger criteria for filing a lien? |
Any arrearage |
| J2.2. Where is your State liens filed? |
Parish/County |
| J2.3. Does your State charge a fee for filing a lien? |
Yes |
| J2.4. If so, please indicate the amount. |
$18 Filing fee |
| J.3. Does your State enforce property seizure and sale? |
Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
Both judicial and administrative. |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
State law provides authority for the IV-D agency to administratively seize assets held by the obligor who owes past due support. A notice to freeze the asset is sent to the appropriate entity. After due notice to the obligor that the asset is frozen, the agency can proceed to seize same unless the obligor requests a hearing. If so, the matter is referred to the court. This procedure applies only to assets located in Louisiana. |
| J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? |
When case becomes delinquent. |
| J4.2. Does your State's income withholding definition include amounts in financial institutions? |
No |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
No |
| J4.3.1 If so, who notifies the NCP, the State or Financial Institution? |
|
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
30 days after assets are frozen. |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
No minimum delinquency amount. No specified number of months delinquent. No accounts exempted |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
$500.00 |
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
None. |
| J5.3. 1. If yes, please provide the time frame. |
|
| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
No |
| J5.4.1. If yes, please provide the percentage. |
|
| J5.4.2 . Is the percentage different for joint accounts? |
No |
| J5.4.3. If yes, please provide the amount. |
|
| J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount. |
No |
| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
|
| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
30 days |
| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state child support agency or court to challenge the Freeze and Seize action? |
|
| J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action? |
The recipient of the notice is not the person identified as owing the child support debt. The total arrears owed are incorrect. The NCP or another person alleges that although the name of the NCP appears on the account, some or all of the funds is the account actually belong to someone else. |
| J5.10. Is your State's complaint review process judicial, administrative or both? |
Administrative. |
| J5.11. What are your State's penalties for incorrect seizures? |
None. |
| J5.12. Is the second challenge administrative, judicial or both? |
|
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
30 days. If an appeal is filed, the IV-D agency will request a court hearing. No recourse for non-debtor (LA is a community property State). |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
Not centralized or automated. |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
The State of LA does not routinely freeze checking accounts. |
| J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
No |
| J5.16.1. If yes, what is the amount? |
|
| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
No |
| J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets. |
|
| J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
Yes |
| J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency? |
Not determined |
| J5.19.1 . If yes, please define. |
|
| J6. Does your state withhold state funds or benefits? |
Yes |
| J6.1. If yes, is the method of withholding state benefits judicial, administrative, or both? |
Judicial and administrative: income withholding includes, but is not limited to, wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits, worker's compensation benefits, unemployment insurance benefits, disability insurance benefits, and any other payments made by any person, private entity, federal, state, or local government. |
| J7. Please describe any other administrative enforcement procedures your state may have. |
|
| J8. Please describe any other judicial enforcement procedures your state may have. |
Administrative license suspension |
| J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? |
If another state wants to register a lien in Louisiana, it should be forwarded to the Clerk of Court in the parish where the NCP and/or property is located.
For Additional Information - Click Here |
| J10. Which of our state's enforcement remedies are available without registration? |
AEI |
| J11. Describe your state's registration and enforcement procedures. |
Another state's order is registered in the appropriate court. After registration, the order is enforceable in the same manner as an order issued by this state. |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
Additional judicial procedures may include contempt charges, CNF, etc. |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
No |
| J13.1. If yes, please provide the statutory citation. |
For Additional Information - Click Here |
| J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? |
Yes |
| J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
|
| J15. Does your state use credit bureau reporting as an enforcement method? |
Yes |
| J16. Provide which credit bureaus your state report an obligor's child support information? |
Equifax Transunion Experian |
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
Administrative |
| J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both? |
Both |
| J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
For initial reporting: a current case must owe twice the current monthly ogligation; an arrears only case must have a balance owed of $1000.` |
K. Modification and Review/Adjustment |
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| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
Every three years or upon proof of a substantial change in circumstances |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
Upon request of the CP, NCP, or the state in TANF cases. |
| K3. Briefly describe your State's modification procedure. |
Both parties are provided a 30 day advance notice of the review, and an additional 30 day notice after the review to challenge the decision. If the review indicates a change in the amount of child support based on the Guidelines, the matter is scheduled for court. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
For the 3 year review, no change in circumstances is required. Upon review due to a change in circumstances, application of the Guidelines must result in at least a 25% change before the matter is scheduled for court. |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
|
| K5.1. The earnings of the obligor have substantially increased or decreased. |
Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
Yes |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes |
| K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
Yes |
| K5.6. There has been a substantial change in child care expenses. |
Yes |
| K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances? |
Extraordinary expenses of the child such as special schooling needs. |
| K6. Does your State have cost of living adjustments (COLAs)? |
No |
| K6.1. If so, what index does your State use? |
|
| K7. How does your state credit SSA disability to current and past due support? |
The Circuit Court of Appeals have issued split opinion when giving credit for SSA disability to current and past due support. |
| K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc. |
No |
| K8.1. If so, please explain the situation? |
|
| K8.2. What is the statutory cite for your abatement law? |
For Additional Information - No Link Provided |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
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| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
State Registrar/Vital Records website www.dhh.louisiana.gov/offices/?ID=252 |
| K9. What information is required to register an out-of-state order for enforcement/modification? |
1) Child Support Enforcement Transmittal #1 (requesting registration for enforcement and modification) 2) General Testimony 3) Uniform Support Petition (when requesting modification of an existing order that the responding state did not issue) 4) 2 copies, one of which is a certifed copy, of the order to be reviewed (if the responding state did not issue the order) 5) Registration Statement |
L. Lump Sum Payments |
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| L1. Does your state define a lump sum payment? |
No |
| L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
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| L1.2 Provide the statutory citation. |
For Additional Information - No Link Provided |
| L2. Does your state law require employers to report lump sum payments? |
No |
| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
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| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
No |
| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
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| L4. How are employers instructed to report a pending lump sum? |
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| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
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| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
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| L7. Does your state use the income withholding order to attach the lump sum payment? |
Yes |
| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
Specifically to cover the lump sum. |
| L8. Does your state use the lien/levy process to attach the lump sum payment? |
Yes |
| L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? |
Notice of Delinquency, SES 355 Notice of Income Assignment-Lump Sum, SES 433 |
| L9. What other documents does your state use to attach lump sum payments? |
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| L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
No |
| L10.1 If yes, what are those limits? |
For Additional Information - No Link Provided |
| L10.2 If no, what percentage is the employer required to withhold? |
Up to 50% of disposable earnings per R.S. 13:3881 |
| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
No |
| L11.1 If yes, would the employer only withhold for that period's obligation? |
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