LOUISIANA CHILD SUPPORT

GENERAL

Child support aims to provide financial assistance for the child for the monthly expenses associated with that child.  In Louisiana, the court uses The Louisiana Child Support Guidelines to determine the amount of child support awarded.  These guidelines provide detailed parameters that help the court in its determination.  The issuance of child support depends on many factors including, but not limited to:

• The custody arrangement with the other parent
• Which parent is the domiciliary parent
• How much time the child is living or spending time with each parent

Child support is meant to offset the expenses the child incurs while living with the other parent.  Child support is entirely separate from spousal support.  Child support may be agreed upon between the spouses, but will be ordered by the court if no agreement is reached.  The amount of monthly child support is determined by a mathematic calculation.  Once the court determines child support is necessary, computing the number is a fairly simple process.  Factors considered in the child support calculation include, but are not limited to:

• Each parent’s income
• Percentage of time the child is with each parent
• Cost of childcare and extraordinary expenses

After the court issues a child support order, the parent so ordered must begin paying child support.  The child support payment is to be used by the receiving parent to pay for daily and other expenses of the child.

Child support may be modified if the circumstances of the child or parent have materially changed.  Child support may be terminated upon proof that it has become unnecessary.

PATERNITY

Under Louisiana law, when a child is born during a marriage (or within 300 days after the marriage ends), the husband and wife are presumed to be the mother and father of the child. However, if the child is born outside the marriage, the father will not be liable as a parent for child support until paternity is established. If the mother gets remarried before the child is born, the first husband is presumed to be the father of the child still.  However, if the first husband obtains a judgment of disavowal, the new husband will be presumed to be the father.  To disavowal paternity means to challenge the parent-child relationship.

A man may disavowal paternity by demonstrating to the court that he is not the father with clear evidence.  In some cases, this may be as simple as having the biological father testify that he is the father and not you.  In other cases, it may be much more difficult to prove that you are not the father.  If you are able to prove that you are not the father of the child, you will not be liable for child support.

In a case where the child is born outside of 300 days after the marriage, and the mother has not remarried, she will need to take the necessary steps to prove a man’s paternity.  This may be done in a few ways including:

• An affidavit of acknowledgement (through which a father declares and admits he is the father);
• Court proceedings;
• Genetic testing

The Department of Children and Family Services helps with establishing paternity.

TIME FRAME

Legally, an obligation for child support will begin no earlier than the date of filing the pleadings that include a request for child support.  By requesting child support in the pleadings, you reserve the right to retroactive child support payments.  This means that so long as child support is requested in the pleadings, when the court order for child support is issued months later, you will be able to receive payments from the elapsed months.

Child support will continue until the child reaches the age of majority (18) or becomes emancipated.  Once the child is eighteen or emancipated, the obligation for child support will terminate automatically.  No action will need to be taken by the paying spouse to terminate their obligation to child support.  If the child reaches eighteen, remains unmarried, is in school full time, has not yet turned nineteen, and is dependent on one parent, child support may continue.  Child support may also continue until the child is twenty-two if the child has a disability and is a full time student.

INTERIM CHILD SUPPORT

Between the time the pleading requesting child support is filed, and your first court date, temporary child support is not issued.  However, interim child support may be paid during the time of the child support proceedings.  This means that sometime after the filing of the petition and your first court date, the court may order interim child support to be paid until a final support order is issued by the court.

CHILD SUPPORT GUIDELINES

Child support guidelines are established in each state in hopes that support orders will be fair and consistent.  These guidelines help the court in determining the correct child support amount in each case.

Child support is a continuous obligation of both parents.  Many people believe the misconception that only men pay child support, but that is not the case.  Children are entitled to share in the current income of both parents and should not be economic victims of divorce.  In order to protect the child from suffering economically, the child support guidelines attempt to identify a percentage of parental income that is spent on the child in intact families, and mirror that in divorced families.  In other words, the court is acting as a safeguard so that your child’s quality of life does not diminish economically due to your divorce.  The courts do not want children living in poverty due to family disruption.  The courts want to ensure that children from divorced households have the same opportunities available to children from intact families.

For example, in a household with married parents that both work, let’s say the total monthly income in $3,000.  Of that $3,000, the father makes $1,800 and the mother makes $1,200.  That means the father makes 60% of the total income, and the mother makes 40% of the total income.  If you look on the child support schedule below, and follow the first column down to $3,000, you will see that for one child the support obligation is $548.  Assuming that the parents have joint custody and there are no extraordinary expenses, the father will be responsible for $328.80, and the mother will be responsible for $219.20.

In Louisiana, the child support guidelines include something called The Incomes Share approach.  The Incomes Share approach incorporates a numerical schedule of support amounts.  This schedule is used to estimate child-rearing costs for different levels of income.  The schedule provides estimates depending on the number of children for each couple.

The schedule is based off of the couple’s combined adjusted monthly gross income.  Gross income means the income from any source including, but not limited to:

• Wages
• Salaries
• Bonuses
• Pensions
• Social Security Benefits
• Unemployment Benefits
• Workers’ Compensation Benefits
• Spousal Support from a previous obligation

Gross income does not include:

• Child support received
• Benefits from any public assistance programs
• Per Diem Allowances

Adjusted gross income means gross income, minus amounts from pre-existing child support or spousal support obligations paid to a third party, or on behalf of a child who is not the subject of this child support proceeding.  Therefore, combined adjusted gross income is the adjusted gross income amounts for each parent added together.

*This schedule is current through the 2016 First Extraordinary Session.  Changes and corrections from the Louisiana State Law Institute are in process.

---

It is important to remember that these numbers are merely estimates.  Obviously, income is not always conveniently rounded to the dollar.  Since each situation is unique, the child support amount may differ from those portrayed in this schedule.  It is helpful to think of this schedule as a base number to begin calculating your child support obligation from.  In order to determine the exact child support amount, the court uses different child support worksheets that are more tailored for each specific arrangement.  Each party will need to provide the court with a verified income statement showing gross income and adjusted gross income.  In addition, the court will need to see documentation of current and past earnings.  All other relevant information regarding the income with which household expenses are paid will need to be provided to the court as well.  All necessary documents will need to be filed with the court within a reasonable time prior to trial.  Additionally, the other party will need to be provided with a copy of all documentation for review as well.

The court will review the documentation and verify the percentage of each party’s contribution to the total combined adjusted monthly gross income amount.  The court will then determine the basic child support obligation.  As demonstrated by the schedule above, Louisiana has a minimum child support obligation.  Child support will not be ordered in any amount less than one hundred dollars.

Once the court has determined the basic child support obligation, additional costs may be included.  Such additions may include:

• Child care costs
• Health insurance premiums
• Extraordinary medical expenses
• Other extraordinary expenses

After considering these additional sources of costs, the court will ultimately issue a final child support order.

DEVIATION FROM GUIDELINES

Under Louisiana law, there is a presumption that the amounts set forth in the child support guidelines are the appropriate amounts for your child support obligation.  However, this presumption may be overcome under the right circumstances.

The court may deviate from the child support guidelines if applying the guidelines would not be in the best interest of the child, or if it would be inequitable to the parties.  If the court decides to deviate from the guidelines, it will give specific reasons for the deviation and include what the guidelines called for and which particular facts warranted the deviation from the guidelines.  In determining whether to deviate from the guidelines, the court may consider:

• Whether the combined adjusted monthly gross income of the parties is not within the ranges in the schedule
• Whether the legal obligation of a party to support other dependents are in the party’s household
• The extraordinary medical expenses of a party, or for which a party may be responsible for
• Any extraordinary community debt of the parties
• Whether there is a need for immediate support pending a trial when a trial cannot be timely held
• The permanent or total disability of a spouse which impairs his present earning and future earning capacity
• Any other consideration which would make the application of the guidelines not in the best interest of the child or inequitable to the parties.

In a case where the parties agree to a child support amount without court involvement, the court retains the right to review and approve the agreement.  If the court chooses to review the agreement, the court will consider the guidelines and review the adequacy of the agreed upon amount.  The court may require the parties to provide income statements and documentation in order to confirm the adequacy of an agreement.

CHILD CARE COSTS

Net child care costs shall be added to the basic child support obligation.  Reasonable child care expenses incurred by a parent while receiving job training or education needed to obtain employment or increase earning potential may be added to the basic support obligation unless these costs would present an unreasonable burden to the other parent.

HEALTH INSURANCE PREMIUMS

The court may order a parent to enroll or maintain a child in a health benefits policy.  The court will consider each parent’s individual, group, or employee health insurance policy, employment history, as well as personal income and other resources in determining which parent shall pay for the child’s health insurance premium.  The cost of health insurance premiums incurred on the behalf of the child will be added to the basic child support obligation.

EXTRAORDINARY MEDICAL EXPENSES

Extraordinary medical expenses are unreimbursed medical expenses that exceed two hundred and fifty dollars for the child per year.  The parties may agree, or the court may order extraordinary medical expenses incurred on behalf of the child to be added to the basic child support obligation.

OTHER EXTRAORDINARY EXPENSES

The parties may agree, or the court may order the following expenses to be added to the basic child support obligation:

• Tuition, registration, books, and supply costs required for the child to attend a special or private elementary or secondary school to meet the needs of the child
• Costs for transporting the child from one party to another (generally occurs when the parties live far apart from one another)
• Expenses incurred for enhancing the health, athletic, social, or cultural development of the child (including music lesson, camp, and extracurricular activities).

WORKING CHILD

If your child is old enough to work and has a job, your child’s income may be used to reduce the basic child support obligation.  However, if your child is a full-time student while working, the amount of his income will not be deducted from the basic child support obligation.

CALCULATION

The total child support obligation is determined by adding together the basic child support obligation, the net child care costs, the cost of health insurance premiums, extraordinary medical expenses, and any other extraordinary expense for the child.  If your child is working and the amount of his income needs to be deducted from the child support obligation, it shall be deducted from the total obligation amount.  Essentially, each party’s support obligation will then be determined by multiplying their percentage of combined adjusted monthly gross income times the total child support obligation.

NON-DOMICILIARY SUPPORT

The parent who is not the domiciliary parent or who does not have legal custody will owe the total amount of their own child support obligation.  Remember, each parent’s obligation is the percentage of the combined adjusted monthly gross income multiplied by the total child support obligation.

JOINT CUSTODY & CHILD SUPPORT

Where the parent have joint custody, the court will consider the percentage of the combined monthly income that each parent contributes.  This will be the basis for the adjustment of each parent’s support obligation.  If the parents have joint custody, and the child spends more than seventy-three days with one parent, that parent may be eligible for a credit to their child support obligation.  The court determines exactly what constitutes a day, but it will not be less than four hours.  Child Support Worksheet A is used in circumstances of joint custody and is included below.

Click for Worksheet A

SHARED CUSTODY & CHILD SUPPORT

As discussed on the Shared Custody page, shared custody means joint custody where each parent has physical custody of the child for an approximately equal amount of time.  In the situation where the parents have shared custody, the basic child support obligation will need to be multiplied by one and one-half.  After doing so, the amount will then need to be divided between the parents in proportion to their respective adjusted gross monthly incomes.  Each parent’s obligation will then be cross multiplied by the actual percentage of time that the child spends with the other party.  The parent owing the greater amount of child support will be required to pay the other parent the difference between the two amounts of child support obligations.  Child Support Worksheet B is used in circumstances of shared custody and is included below.

Click for Worksheet B

SPLIT CUSTODY & CHILD SUPPORT

Remember from the Split Custody page, that split custody means that each party is the sole custodial or domiciliary parent of at least one child to whom support is due. In the case of split custody, each parent will owe the total child support obligation for the other child. The parent that owes the greater amount will owe the difference in amounts to the other parent and this will serve as fulfillment of the child support obligation. Child Support Worksheet A is used in circumstances of split custody and is included below.

Click for Worksheet A

SECOND JOBS AND OVERTIME

When the parent ordered to pay child support takes another job or begins working overtime, that income is subject to an increase in child support.  If the parent ordered to pay child support is working a second job or overtime in order to support a subsequent family, so long as the parent is able to prove that to the court, the court may accept this as a defense against paying higher child support.

RESIDUAL INCOME

Residual income is subject to being calculated into child support obligations.

VOLUNTARY UNDEREMPLOYMENT OR UNEMPLOYMENT

Voluntary underemployment or unemployment occurs when a party who has the capacity to work, reduces their hours or leaves a job on their own will.  For instance, a person who is qualified to be a practicing doctor, and is working at a fast food restaurant would constitute voluntary underemployment.  Occasionally, this occurs when a parent is attempting to dodge child support by manipulating what their income looks like on paper.  If voluntary underemployment or unemployment occurs, child support will still be calculated based off of that parent’s earning potential.  The amount based off earning potential will not exceed the amount that would have been owed based off regular income.

MODIFICATION

The court has the discretion in modifying child support orders.  The party seeking to change the child support obligation must show a material change in circumstance in order for the court to grant a modification to the child support order.  While there is no exact definition given by law of what amount to a “material change in circumstance”, the change must be significant enough that it would affect the welfare of the child.

For example, a parent that is required to pay child support will likely be unable to prove a material change if he made $2,000 and now makes $1,950 per month.  However, a parent who made $2,000 and now makes $800 per month, and lost his apartment will have a greater chance at overcoming the “material” threshold.  On the flipside, if the paying parent begins to make double what he used to, moved into a larger home, and is now offered health insurance through work, that parent may be subject to an increase in child support.

PROOF OF PAYMENTS (LA CENTRALIZED CS COLLECTIONS)

In Louisiana, child support is paid directly to the other spouse.  It is advised that however child support is paid, it is a good idea to keep a clear record of the date and amount of each payment should questions arise in the future about whether child support is actually being paid. Again for this reason, cash payments are not advised.

If a parent has a child support payment that is over 30 days late, the other parent may initiate an action for contempt and income assignment.  When this happens, the child support payment amount is withheld directly from the income of the parent who is required to pay child support.  This means that unless there is a good reason otherwise, employers will withhold the child support obligation amount from the pay of the parent required to pay.  The child support payment will then be dispersed by The Louisiana Child Support Centralized Collections Unit.

It is advised that however child support is paid, it is a good idea to keep a clear record of the date and amount of each payment should questions arise in the future about whether child support is actually being paid. Again for this reason, cash payments are not advised.

Whether you are paying child support or receiving child support, it is important that you keep documentation of every payment in case there is an issue later.  In the case that child support is not being paid keep record of the missed payments and consult with your attorney.  The District Attorney’s Office in Louisiana is responsible for enforcing child support orders.  You may need to take action to enforce your order with assistance from your attorney and the District Attorney’s Office.  It should be noted that even if your spouse is late of failing to make child support payments, you should not restrict visitation with your child since you too would likely be in violation of the court order.

If you are accused of not paying your child support obligation, you may be able to throw out those accusations by supplying a complete and accurate record of each and every payment made.  Likewise, if you are trying to prove that child support is not being paid, you may be able to prove that with a record of each and every missed payment, or payment not in the full and proper amount.

ARREARAGES

If child support payments have been missed, arrearages will likely need to be paid.  Essentially arrearages are past due child support.  The District Attorney’s Office keeps records of arrearages.  Arrearages will collect interest until paid in full.

If child support is not being paid, notify your attorney as well as the Department of Children and Family Services.  Part of what the department does is enforce child support orders by garnishing wages, suspending motor vehicle registration, suspending licenses, intercepting tax refunds, or denying passports.  The department also helps in locating parents who are not paying their child support obligations.  When the Department of Children and Family Services is providing support enforcement services, the department will either institute an action in court to help secure the payments owed.

It is important to let your attorney know since you may be able to initiate a court action for contempt against the parent not paying child support.  Their willful disobedience of the judgment for child support constitutes a contempt of court.

If you fail to pay child support, there are criminal penalties.  If your child support obligation remains unpaid for longer than six months at an amount greater than $2,500 you are in violation of Louisiana law.  For a first offense, you are subject to a $500 fine and up to 6 months in prison.  If there is a second or additional offence, you are subject to a $2,500 fine and imprisonment with hard labor for up to two years.  Additionally, you will be ordered to pay the owed child support that exists at the time of sentencing.  If you have failed to pay support and your spouse has to file court action to secure your payment, you will be responsible for your spouse’s attorney’s fees.

ATTORNEY’S FEES

If you had to initiate court proceedings in order to collect past due spousal or child support award, the court shall award compensation of attorney’s fees and costs to the prevailing party.  This means that if the court finds that you are rightfully owed support, the other party will have to pay the court costs and your attorney’s fees.  However, if it is determined that you are not owed support, you will be responsible for court costs as well as your attorney’s fees and likely your spouses attorney’s fees if an attorney was hired.

Back to top

Share this post to social media...