Child
support issues have
received a
great deal
of attention
in recent
years.
In response
to this
attention,
Congress,
state legislatures
and the
courts have
made significant
changes in
the way child
support is paid.
What
is child support?
Child
support is a
sum of
money which
one parent
pays to
the other
parent to
help with
the costs
of raising
their child
or children.
What
is a
child support
order and
when can
I get
one?
A
child support
order is
one issued
by a
court which
states when,
how much,
and how
often a
parent is
to pay
child support.
A child
support order
usually rendered
by the
court as
part of
a divorce
or other
civil proceeding.
However,
a child support
order to
also be
rendered by
the court
in a
proceeding brought
by the
state of
Louisiana,
support enforcement
services against
a parent.
In
order to
get a
support order
in a
civil proceeding,
a lawsuit
must be
filed by
one of
the parents
against the
other parent
asking the
court to
award child
support.
The request
for child
support can
be the
only request
in the
lawsuit or
it can
be just
one of
several issues
brought before
the court
such as
in a
divorce proceeding
or as
part of
a S.N.A.P. petition.
A parent
can also
request the
state of
Louisiana,
support enforcement
services to
collect child support
from the
parent.
This is
done by
going to
the local
district attorney's
office and
requesting that
non-support
charges filed
against the
apparent.
These charges
will only
be filed
if the
parent is
not paying
proper child
support.
What
amount will
I receive for
child support?
The
state of
Louisiana has
established child
support guidelines
setting forth
the amount
of child support a
parent will
have to
pay.
The premise
of the
guidelines is
that child
support is
a continuous
obligation of
both parents,
that children
are entitled
to share
in the
current income
of both
parents and
that children
should not
be the
economic be
victims of
divorce or
out-of-wedlock birth.
The guideline
calculations attempt
to simulate
the percentage
of parental
net income
that is
spent on
children in
intact families.
In most
instances the
amount of child
support is based
upon simple
calculations using
the guidelines
and information
provided by
the parties.
Can
I get
child support if
I am
receiving state
aid?
As
an A.F.D.C.
recipient, you
have signed
over your
rights to
child support
to the
state.
The state
will try
to establish
and enforce
a child
support order.
The money
collected will
be turned
over to
the state
to pay
back the
state aid
which you
have received.
Can
an order
of child
support be
increased or
decreased at
a later
time?
An
award for child
support is not
to be
reduced or
increased unless
the party
seeking a
reduction or
increase shows
a material
change in
circumstances of
one of
the parties
between the
time of
the previous
award and
the time
of the
motion for
a reduction
or increase
in the
support.
If,
after a
hearing,
the court
does not
find good
cause to
justify a
change in
child support,
it may
order the
palate requesting
the change
to pay
all court
costs and
reasonable
attorney's fees
of the party
if the
court determines
that the
request was
frivolous.
Can
a parent
withhold visitation
when the
other parent
refuses to
pay court
ordered child
support?
A
parent cannot
deny visitation
to the
other parent
because of
the refusal
to pay
child support.
Likewise, a
parent cannot
refuse to
pay child
support because
the other
parent will
not permit
visitation.
There are
very few
exceptions to
these rules.
If you
have any
question about
whether you
have a
right to
withhold visitation
or payments
child support you
should consult
an attorney
before taking
any action.
I
already have
a child
support order,
but the
of the
parent is
not paying.
How can
I enforce
the order?
Usually,
the quickest
and most
effective way
to enforcing
child support order
is through the
use of
a wage
assignment or
garnishment.
These are orders
to the
employer or others
to pay money
owed to the
delinquent parent
over to
the other
parent for child
support.
I
already have
a child
support order,
but the
other parent
has not
paid the
amount owed
for some
time now.
How can
I collect
that money?
You
can file
a motion
with the
court requesting
that the
court to
render a
judgment against
the delinquent
parent for
the total
amount of child
support that has not
been paid
together with
interest on
that amount.
The judgment
can then
be used
as the
basis for
seizure of
assets or
attachment of
liens on
the other
parent.
You may
also be
able to
seize income
tax refunds.
You
can also
request the
court to
enter a
civil contempt
order.
If a
civil contempt
order is
rendered,
the judge
has the
power to
fine or
even jail
the delinquent
parent.
What
happens if
the delinquent
parent is
not in
the state
of Louisiana?
The
fact that
the absent
parent is
not located
in the
state of
Louisiana may
make collection
of more
difficult.
However,
all the
50 states
have laws that have
been passed
which address
cooperation between
the states
in the
collection of
child support.
You may
have to
register your
child support
order in the
state in
which the
delinquent parent
lives.
Federal law
requires that
all states
give full
faith and
credit to
the properly
rendered judgments
of others states.
Can
a parent
that pays
child support
require a
parent that
receives child
support to give
an accounting
of the
money received?
The
party paying
child support
must make
a motion
to the
court and
show good
cause for
such an
order of
accounting based
upon the
expenditure of
child support for
the months
immediately prior
to the
filing of
the motion
six.
If good
cause is
shown,
the court
will enter
an order
to the
recipient of
the support
payments to
render an
accounting in
the form
of an
expense and
income
affidavit for
the child
with supporting
documentation.
The accounting
will be
on a
quarterly basis
until the
court orders
of the
accounting to
stop.
If
the parent
asking for
the accounting
does not
show good
cause for
such an
order,
and the
court determines
that the
motion was
frivolous,
the court
is required
to order
the party
asking for
the accounting
to pay
all court
costs and
attorneys' fees
of the
recipient of
child support.
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