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Louisiana State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
12 District Offices
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
R.S. 46:236.1.7
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No
A2.3. If yes, please explain.
N/A

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
Children's Code Article 1301.3 through 1308.2.
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
The UIFSA packet must include a letter of transmittal, two copies, including one certified copy of the order to be registered, including any modification of the order.

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
Louisiana acknowledges reciprocity with the States of the Federal Republic of Mexico in addition to the countries recognized as having Foreign Reciprocating Country (FRC) status on the federal level: Canadian Provinces or Territories of: Alberta, British Columbia, Manitoba, New Brunswick, Northwest Territories, Nunavut, Newfoundland/Labrador, Nova Scotia, Ontario, Prince Edward Island, Saskatchewan, and the Yukon Territory.
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
N/A
C2. Has your state established reciprocity with any Native American tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full services.
N/A
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) **
Yes

D. Age of Majority

D1. What is the age of majority in your state?
18 years of age.
D2. What is the statutory citation for the age of majority?
Civil Code Article 29.
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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 Statutes 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 determine the law that is applied?
No
D4.1. If yes, please explain.
N/A
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
N/A
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, 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 otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
N/A
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
No
D8.1 If not, how does this affect interstate referrals?
The state of Louisiana will not accept a new application from a party whose child has emancipated but will accept an application from another IV-D agency for enforcement of arrears owed when all children on the case have emancipated.

E. Statute of Limitations

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. Each payment of child support made pursuant to the judgment ordering support, including those payments made through income assignment orders, seizures, or tax intercepts shall interrupt prescription.(LA Revised Statutes 13:4291; LA Civil Code Article 3501.1)
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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 birth 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 birth of the child or within 10 years of the birth of the child, whichever first occurs. (LA Civil Code Article 198)
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E3. Is dormancy revival/renewal possible?
Yes
E3.1. If yes, please explain the circumstances when it's possible and how long it's 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 Statutes 9:5502 effective until June 30, 2006; effective January 1, 2006 LA Civil Code Articles 3362-3364)
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F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Shared income model.
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F2. Does your state charge interest on arrears?
No
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A
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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.
N/A
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.
N/A
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes
F5.1. If yes, under what circumstances?
The amount of the uninsured portion of the medical bill must be reduced to a judgment.
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
Yes
F6.1. If yes, what costs are recovered from or 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. An annual $25 fee for successful collection will be imposed in each case where an individual has never received FITAP assistance and for whom the State has collected at least $500 in support in a federal fiscal year.
F6.2. If yes, what costs are recovered from or 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 recovery of initiating state's fees.
Based on the 2010 Intergovernmental Child Support Final Rule effective January 3, 2011, the responding Iv-D agency must pay the costs it incurs in processing intergovernmental IV-D cases, including the costs of genetic testing...45 CFR 303.7(e)(1)
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
Children's Code Articles 1302.1 and 1302.2 (UIFSA Long-arm Provisions) LA R.S. 13:3201 et. seq.
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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, AT-11-07)
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.
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
An annual $35 fee for successful collection will be imposed in each case where an individual has never received FITAP assistance and for whom the State has collected at least $550 in support in a federal fiscal year.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
Yes
F11.2 Does your state collect the fee from the person applying for IV-D services?
The Custodial Party is responsible for payment of the mandatory annual fee of $35.
F11.3. Does your state collect the fee from the absent parent?
No
F11.4. Does your state pay the fee out of its own funds?
No
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
October 1, 2009
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
No
F14. Does your state participate in the pass-through in former assistance cases?
No
F14.1. If yes, provide the date.
F15. Will your state discontinue eligible assignments under the DRA of 2005?
No
F15.1. If yes, list the eligible assignments your state would discontinue.
N/A
F15.2. When will your state discontinue each type of assignment?
Undetermined at this time.
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
Send an OMB Transmittal 1 requesting change of payee.
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F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
Send an OMB Transmittal 1 requesting change of payee.
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F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
Send an OMB Transmittal 1 requesting change of payee.
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F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
LA collects the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)?
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
Yes
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
Genetic testing and court filing fees.
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
Our state does not collect interest but can send a request to another if our state is trying to reconcile the balance on the account.
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Our state uses CSENet to request case information and arrears balance can be requested through CSENet however a paper copy may also be required if the balance is going to recorded.

G. Income Withholding

G1. What specific source of income is not subject to withholding?
Supplemental Security Income, VA Disability Benefits.
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
Yes
G2.1. If yes, what are those limits?
Withholding for child support cannot exceed 50% of disposable earnings.
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
$5 per withholding.
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G4. 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 14 days following service of the notice.
G5. 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.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
The court enters judgment against the payer and direct the issuance of an execution for the total amount the payer failed to withhold or pay over.
G7. What is the penalty to an employer for failure to remit payments withheld?
When a payor willfully fails to withhold or pay over income pursuant to a valid income assignment order or willfully discharges, disciplines, or otherwise penalizes a person ordered to pay support, or otherwise fails to comply with any duties imposed by this Section, the court, upon due notice and hearing: Shall enter judgment against the payor and direct the issuance of an execution for the total amount that the payor failed to withhold or pay over. May impose a fine against the payor, up to fifty dollars per day, for the failure to withhold or pay over the support in accordance with the provisions of the income assignment notice. LA R.S.46:236.3(K)(2)
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
LA R.S. 23:1693 requires unemployment to be withheld by the State Child Support Agency. Forward a transmittal #1 requesting "Intercept of Unemployment Benefit" and no other services. A copy of the child support obligation and income withholding order should be included with the request.
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G8.2. What documents are required to intercept UI benefits?
Louisiana must be a party to the action in order for the LA Workforce Commission to accept withholding through a 2-state action.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
Yes
G9.1. 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.
G10. 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.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the 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. Current support for all orders must be satisfied before payments are applied to any arrears.
G11.1. 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
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
LA R.S. 46:236.3 and LA R.S. 13:3881
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Yes, deductions for the purpose of providing benefits for retirement, medical insurance coverage, life insurance coverage and which amounts are legally due or owed to the employer in the usual course of business at the time the garnishment is served.
G13. When does your state require the employer to send notice of an employee's termination?
Within 10 days.
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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
The department does not have a set time period. The employer has full discretion in this area to determine what is best.
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Yes, see www.expertpay.com.
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G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Employer (per CHC 1305.1), Bureau of Workers Compensation (Per LA R.S. 46:236.15D) and Financial Institutions (Per LA R.S. 46:236.1.4).
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G18. 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
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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
The orders shall be prorated, however the total amount withheld for all support orders shall not exceed 50% of the disposable earnings. Current support for all orders must be satisfied before payments are applied to any arrears.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
LA R.S. 46:236.3(E)(5) and R.S. 13:3881 and LA R.S. 46:236.11.2
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G21. Does your state's law require a signature on the income withholding order?
Yes

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
N/A
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
99.9% (LA RS 9:397.3)
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
In child support, custody, and visitation cases, the acknowledgment of paternity by authentic act is deemed to be a legal finding of paternity and is sufficient to establish an obligation to support the child and to establish visitation without the necessity of obtaining a judgment of paternity. (LA R.S. 9:405)
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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
06/13/2006
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
N/A
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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, 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.
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H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
No
H6.1. If no, briefly explain.
The father's name appearing on the birth certificate indicates that his paternity has been established in accordance with Louisiana Law. Nevertheless, paternity may be rebutted depending on how it was established and the amount of time that has elapsed since it was established. However, the party is required to request amendment of the birth record directly.
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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
N/A
H8. Does your state have any other paternity-related presumptions?
Yes
H8.1. If yes, briefly explain.
The filing of a man's name in the Putative Father Registry creates a rebuttable presumption that the man is the father of the child.
H9. Does your state have a putative fathers' registry?
Yes
H9.1. If yes, what is the name of that entity?
nformation regarding the Putative father registry can be found at http://www.dhh.louisiana.gov/index.cfm/page/646
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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
Yes
H10.1. If yes, please describe any circumstances under which these fees may be waived.
If there has been a request for services on IV-D case, fees may be waived. In the event a IV-D case does not exist, fees may be assessed by vital statistics for documents pertaining to paternity or birth of a child.
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H11. Is common-law marriage recognized in your state?
Yes
H11.1. If yes, briefly describe the standard that defines common-law marriage.
Louisiana law does not recognize a common law marriage unless the marriage: 1). was validly entered into under the laws of another state and 2). its recognition does not violate a strong public policy of this state. La. Civil Code art. 3520. Common law marriage is defined by the laws of the state where the marriage was contracted or the state where the parties were first domiciled as husband and wife.
H11.2. When did your current common-law standard go into effect?
01/01/1999
H11.3. 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?
N/A
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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
Under UIFSA proceedings, the physical presence of the petitioner is not required. A party or witness my testify by telephone, or other audiovisual means.
H13. Give the statutory citation 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.
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H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, 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.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
Evidence that child was born during marriage of father to mother, an acknowlegement of Paternity or a judgment establishing his paternity.
H16. If there is more than one child with the same custodial party 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 sufficient with individual affidavits of paternity.

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Support orders are established through judicial process.
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
N/A
I1.2. Under what circumstances would a judicial process would be used?
All support orders are established through Judicial process.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
N/A
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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
The custodial parent's income is considered. The income of the child may be considered in certain circumstances. 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.
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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.
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I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, 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.
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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, specify those limitations.
Retroactive to filing of the petition.
I5. What actions can your state perform using the administrative process? For example, 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 compensation 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 of children born outside of a marriage to sign a Paternity Declaration Form. Our state can also use an administrative process for paternity, establishment, modification and the enforcement of child support.
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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)
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I7. Is there a local state law that allows an interstate administrative subpoena?
Yes R.S. 46:236.15(B)
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
No
I10. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to 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 now be ordered, should the other state request an establishment or a modification?
Modification
I12. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before a support order is modified or established?
No.
I13. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before support can be redirected to the new payee?
No.
I14. What methods of personal service does your state use? **
LA RS 13:3204
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
Consult Legal counsel concerning any questions about pleadings or legal documents
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
Louisiana calculates the total child support obligation by multiplying his or her percentage share of combined adjusted gross income, but the courts have discretion to deviate from the guidelines under the following circumstances: child care costs, the cost of health insurance premiums, extraordinary medical expenses, and other extraordinary expenses.
I17. Please provide the relevant statutory or case law citation. **
RS 9:315.8
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
No
I18.1 If yes, indicate the appropriate responses. **

J. Support Enforcement

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
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J2.2. Where are your state liens filed?
Parish/County
J2.3. Does your state charge a fee for filing a lien?
Yes
J2.4. If yes, please indicate the amount.
There is an $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?
The property seizure and sale procedures can be 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 an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
The NCP receives a MSFIDM freeze and seize action for enforcement once the case becomes delinquent.
J4.2. Does your state's income withholding definition include amounts in financial institutions?
No.
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J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
The NCP is notified by the state of Louisiana and the 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 delinquent dollar amount that makes an obligor eligible for asset seizure?
$500.00
For Additional Information - No Link Provided
J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
None.
J5.3.1. If yes, please provide the time frame.
N/A
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
N/A
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
N/A
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
There is a balance of $500 or more in saving, money market, IRA/KEOGH, or trust/escrow accounts and/or a balance of $2000 or more in checking accounts.
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
The State is responsible for applying the minimum amount.
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
30 days
For Additional Information - No Link Provided
J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
the obligor or joint account holder has 30 Days to contact the child support agency to challenge the freeze and seize action.
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
The recipient of the notice is not the person identified as owing the child support debt or 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.
For Additional Information - No Link Provided
J5.10. Is your state's complaint review process judicial, administrative, or both?
Our state's compliant review process is administrative.
J5.11. What are your state's penalties for incorrect seizures?
None.
J5.12. Is the second challenge administrative, judicial, or both?
N/A
J5.13. What is 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?
The freeze and seize operation is centralized.
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. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
No
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
N/A
For Additional Information - No Link Provided
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Yes
For Additional Information - exit disclaimer
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
Not determined
For Additional Information - No Link Provided
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. Describe any other administrative enforcement procedures your state may have.
Administrative license suspension
J8. Describe any other judicial enforcement procedures your state may have.
Contempt of Court
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 - exit disclaimer
J10. Which of your state's enforcement remedies are available without judicial actions?
AEI
J11. Describe your state's procedures for registering and enforcing another state's order.
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. Describe additional judicial procedures required after registration, 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, provide the statutory citation.
N/A
For Additional Information - exit disclaimer
J14. 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 montly obligatin; an arrears only case must have a balance owed of $1000.
J15. To which credit bureaus does your state report an obligor's child support information?
Equifax, Transunion, and Experien
J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
MSFIDM, FIDM, State Lottery, State Tax Offset, Worker's Comp Lump Sums, and Insurance settlements
J19. What documentation does your state require to proceed with an AEI request?
A transmittal #3, certified copies of orders, certified accounting of arrears, and address information of obligor.
J20. What mandatory data elements does your state need to process AEI requests?
The data elements needed to process an AEI request is name, SSN, and address of the obligor.
For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
J21. Which additional data elements would aid your state in processing AEI requests?
N/A
J22. How many copies/sets of documents does your state require with an AEI request?
One.
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
The obligor must be eligible for AEI enforcement remedy in accorandance with federal and state law (e.g. state tax delinquent amount owed must be greater than $50 and a fee of $4.00 is charged on non-FITAP cases for each offset of $5.00 or more; Louisiana lottery offset prize must be more than $600, etc.).
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
Financial institution information, including account #, name of persons listed on account, and direct contact number of CSE worker sending request.
J25. What is the procedure for obtaining a certified copy of a court order?
Transmittal #3 to Central Registry.
J26. What is the procedure for obtaining a certified payment record?
The procedure is to send a Transmittal #3 to Central Registry.
J27. Is there a cost for requesting a certified copy of a court order or payment record?
There is a cost for requesting certified copies and payment records of civil (Non-IV-D) cases.
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
LA R.S. 9:315.40 through 9:315.48 gives the Department the authority to suspend licenses administratively. This allows the Department and contract District Attorneys to suspend licenses without the involvement of the court.
J29. What triggers a driver's license revocation?
The Department may administratively suspend license(s) of child support obligors who are not in compliance with an order of support and are delinquent at least 90 days in the payment of support, or in making periodic payments on a support arrearage pursuant to a court order or written agreement with CSE, and have not obtained or maintained health insurance coverage as required by an order of support.
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Yes
J29.2 If yes, what is the amount?
Arrears must be at least 90 days in past due support.
J30. Under what conditions may a noncustodial party restore the driver's license?
When it is determined that the NCP has come into either subsequent or partial compliance with an order of support, the previously suspended may be released from suspension.
J30.1 What is the process for restoring a driver's license?
Once the obligor meets the requirements, a compliance or partial compliance release certificate is certified by the CSE Manager and forwarded to the Office of Motor Vehicles
J31. Does your state allow temporary or conditional driver's licenses?
Yes
J31.1 If yes, what are the conditions?
A hardship license can be requested to travel to and from work.
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
Partial compliance release of suspension is allowed when the obligor can provide evidence of his ability to comply with the order of support and enters into a written agreement with the department. Evidence of ability to comply with the support order may be accomplished through: 1- A written statement signed by a person authorized to hire and pay wages which includes the address for income withholding order to be sent or; 2- A copy of lease or rental agreement that indicates the obligors ability to provide a service that will result in self-employment income. The obligor must also enter into a written agreement to make payments as ordered.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
The debt must be at least 30 days old.
J33.2 What is the dollar amount?
N/A
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes.
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
Yes
J36.2 What is the dollar amount?
At least one month in obligation.
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes
J38.2 What is the dollar amount?
$500
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
Yes.
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
yes

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every three years or upon proof of a substantial change in circumstances
For Additional Information - No Link Provided
K2. Briefly describe your state's modification procedure.
A review of the order is performed upon request of the CP, NCP, or the state in Non-TANF cases. The review is performed automatically in TANF cases. 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.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
If there is an assignment under TANF or If the review indicates a 25% change in the amount of child support based on the Guidelines the matter is scheduled for court.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
Extraordinary expenses of the child such as special schooling needs.
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
N/A
K6. How does your state credit SSA disability to current and past-due support?
Social security benefits received by a child due to the earnings of a parent shall be credited as child support to the parent upon whose earning record it is based, by crediting the amount against the potential obligation of that parent.
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
No
K7.1. If yes, explain the circumstances?
N/A
K7.2. What is the statutory citation for your abatement law?
N/A
For Additional Information - No Link Provided
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
N/A
For Additional Information - No Link Provided
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Louisiana is a "closed record" state. This means that birth and death certificates are not public records. All requests for birth or death certificates must include proper identification. Specific details for acquiring vital records can be found on DHH Vital Records Home Page at http://new.dhh.louisiana.gov/index.cfm/subhome/21 or by mail to P. O. Box 60630, New Orleans, LA 70160
K8. What information does your state require 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 certified copy, of the order to be reviewed (if the responding state did not issue the order) 5) Registration Statement
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Yes
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
Collection can continue up to 50% of disposable earnings. (R.S. 13:3881)
K10. What circumstances will cause your state to end child support before the normal duration? **
The child emancipates before the normal duration relieving the child of the disabilities attached to minority or the child marries. (R.S. 9:315.22)

L. Payments

L1. Does your state define a lump sum payment?
Yes
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
"lump-sum payment" means a single payment made all at once from any source, in lieu of recurring payments that would be received by an obligor over a period of time.
L1.2 Provide the statutory citation.
LA R.S. 46:236.3(E)(6)
For Additional Information - exit disclaimer
L2. Does your state law require employers to report lump sum payments?
Yes
L2.1 If yes, give the statutory citation or rule.
LA R.S. 46:236.3(E)(6)(b)(i)
For Additional Information - exit disclaimer
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
Yes
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
$300
L4. How are employers instructed to report a pending lump sum?
The employer may report a pending lump sum through the eIWO process or through the FPLS portal.
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
The child support agency has 15 days to respond to the employer with a verification notice.
L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes
L7. Does your state use the lien/levy process to attach lump sum payments?
No
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
N/A
L8. What other documents does your state use to attach lump sum payments?
Notice of Income Assignment - Lump Sum or the Notice of Income Withholding Order
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
No.
L9.1. If yes, what are those limits?
N/A
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
No.
For Additional Information - No Link Provided
L9.3. If yes, what are those limits?
N/A
L9.4. If no, what percentage is the employer required to withhold?
N/A
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes
L10.1 If yes, would the employer only withhold for that period's obligation?
No
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
U.S. Bank is the vendor that administers the direct deposit program.
L12. Does your state have a debit card program?
Yes, Louisiana has a stored value card program.
L12.1 If so, specify the vendor.
The vendor is US Bank.
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
Yes, Step
L13.1 If so, are there fees involved?
Yes
L14. What are the fees associated with using the card?
US Bank charges fees for using an ATM (Out of Network), card replacement with expedited service, inactivity, and card to account transfer.
L15. How does your state collect child support payments from an obligor? **
Louisiana centralized collection unit would facilitate the collection of such payments.
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Louisiana centralized collection unit would facilitate such disbursements.
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
N/A
L18. Does your state process electronic payments in international cases? **
Yes
L18.1 If so, describe the process. **
All child support payments are processed through the Centralized collection unit.
L19. What is your state's International Bank Account Number (IBAN)? **
The Louisiana Centralized Collection Unit accepts electronic payments from international customers, including other countries.. To obtain the banking information for this account please call 1-888-524-3578.

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - exit disclaimer
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
Yes
M2.1. If yes, provide the statutory citation
46.236.3
For Additional Information - No Link Provided
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
The payor is required to notify the IV-D of any lump sum payment in the amount of $300 that the payor intends to issue to the obligor.
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
The company has 15 days to notify the IV-D agency of the lump-sum payment.
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
Yes, but only to the extent that the insurance company acts as a financial institution and holds property or maintains accounts reflecting property belonging to others; Otherwise there is no insurance match.
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
This applies to any person who has been ordered to pay child support.
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
The insurer would have to contact the IV-D agency.
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
Louisiana participates in the Child Support Lien Network (CSLN) which is used to intercept insurance settlements
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
N/A
For Additional Information - No Link Provided
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
N/A
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
No.
M3.1. Provide the statutory citation.
N/A
For Additional Information - No Link Provided
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
Louisiana has contracted with the Child Support Lein Network (CSLN) for this process. http:// childsupportliens.com/insurers insurers.php
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
The child support agency makes the notification through CSLN.
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
LA R.S. 46:236.15(D).
For Additional Information - exit disclaimer
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
The obligor has 30 days to appear per LA R.S. 46:236.15.
For Additional Information - exit disclaimer
M6. Are there attorney fees associated with the insurance intercept activity?
No.
M7. How does another state initiate and intercept collections from your state workers' compensation agency?
The LA Workforce Commission requires a two state process.
M7.1. What is the process, the points of contact, and what forms?
Send an OMB Transmittal 3 through the LA Central Registry.

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
Yes
N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
Yes
N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17)
Yes
N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18)
Yes