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    Louisiana State Law

    1. General Program-At-A-Glance

    1. How many local child support offices are in your state excluding agencies with cooperative agreements?
    Twelve (12) District Offices
    2. What is the name of your IV-D agency?
    Department of Children and Family Services - Child Support Enforcement Services
    3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.
    Our state uses a combination of both administrative and judicial procedures to establish and enforce support orders.
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    4. Does your state use the following applications: EDE, CSENET, QUICK?
    Yes

    2. Duration Of Support

    1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).
    18 years of age. Civil Code Article 29
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    2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
    When there is a child support award in globo for two or more children, the award shall terminate automatically and without any action by the obligor when the youngest child for whose benefit the award was made attains the age of majority or is emancipated relieving the child of the disabilities attached to minority.
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    3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.
    No
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    4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.
    Yes, the child support continues with respect to any child who has a developmental disability, as defined in R.S. 28:451.2, to any unmarried child who, whether institutionalized or not, is incapable of self-support and requires substantial care and personal supervision because of an intellectual or physical disability that is manifested before the child attains the age of majority, and to any adult disabled child.
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    5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.
    judicial emancipation, (See LA CC 366) emancipation by marriage, (See LA CC 367) and limited emancipation by authentic act. (See LA CC 368)
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    6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?
    No
    7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.
    No. Unless the Child Support Order is a per child order, the support order remains the same unless one of the parties requests a modification of the order.
    8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.
    No, the IV-D agency does not establish support beyond the age of majority, however, if the parent, major child, curator or tutor submits the order to the IV-D agency, the IV-D agency will enforce it.

    3. Statute Of Limitations

    1. What is your state's statute of limitations for the 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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    2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.
    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)
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    3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?
    Yes, every 10 years the state must file for renewal.
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    4. Support Details

    1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?
    Income Shares Model
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    2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.
    N/A
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    3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.
    No
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    4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.
    No
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    5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?
    The amount of the uninsured portion of the medical bill must be reduced to a judgment.
    6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?
    The state will need the documents in the UIFSA matrix to enforce an order in order for the state to do a transfer of child support obligation to third party when there is a need to designate another person in the order. When the the child is placed in foster care in another state, the state will modify its order.
    For Additional Information - No Link Provided
    6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain.
    Yes, it matters whether the child receive TANF or Medicaid. the state will need to know this information because there may be state owed arrears or there may be a need to set cash medical to send to the other state.
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    7. 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
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    8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit?
    Yes, the state IV-D agency gives the noncustodial parent credit toward Social Security benefits received.
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    9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.
    No
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    5. Paternity/Parentage

    1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.
    No
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    2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
    99.9% (LA R.S. 9:397.3)
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    3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).
    There is no state law because it is rebuttable.
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    4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.
    No, it does not. In Louisiana, 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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    5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.
    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.
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    6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe.
    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.
    7. What, if any, is the agency name and link for your state's putative fathers' registry?
    Information regarding the Putative father registry can be found at http://www.ldh.louisiana.gov/index.cfm/page/646
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    8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?
    The state IV-D agency can provide paternity acknowledgements and birth certificates
    For Additional Information - No Link Provided
    9. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?
    Yes. The agency will need to contact Louisiana department of health to learn about the fees associated with the documents that they need to request.
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    9.1. Describe any circumstances under which these fees may be waived?
    The state IV-D agency will need to contact Louisiana Department of health.
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    10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.
    No
    11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.
    N/A
    12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?
    Send one intergovernmental packet with a separate Declaration in Support of Establishing Parentage form for each child.

    6. Support Order Establishment

    1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
    Judicial
    1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.
    N/A
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    1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.
    All support orders are established through Judicial process.
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    2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?
    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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    2.1. What documentation is required as proof/evidence of this information?
    Each party shall provide to the court a verified income statement showing gross income and adjusted gross income, together with documentation of current and past earnings. When an obligor has an ownership interest in a business, suitable documentation shall include but is not limited to the last three personal and business state and federal income tax returns, including all attachments and all schedules, specifically Schedule K-1 and W-2 forms, 1099 forms, and amendments, the most recent profit and loss statements, balance sheets, financial statements, quarterly sales tax reports, personal and business bank account statements, receipts, and expenses. A copy of all statements and documentation shall be provided to the other party.
    3. What criteria for rebutting your presumptive guidelines have been established in your state?
    C. In determining whether to deviate from the guidelines, the court's considerations may include: (1) That the combined adjusted gross income of the parties is not within the amounts shown on the schedule in R.S. 9:315.19. (a) If the combined adjusted gross income of the parties is less than the lowest sum shown on the schedule, the court shall determine an amount of child support based on the facts of the case, except that the amount awarded shall not be less than the minimum child support provided in R.S. 9:315.14. (b) If the combined adjusted gross income of the parties exceeds the highest sum shown on the schedule, the court shall determine an amount of child support as provided in R.S. 9:315.13(B)(1) and may order the placement of a portion of the amount in a trust in accordance with R.S. 9:315.13. (2) The legal obligation of a party to support dependents who are not the subject of the action before the court and who are in that party's household.
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    4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).
    yes, but under no circumstance can that date be before the date of judicial demand. The court may order support retroactive to the date of the filing of the petition.
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    4.1. What information or documentation does your state require to proceed with establishing support for prior periods?
    None.
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    4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?
    Yes
    4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
    Retroactive to filing of the petition.
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    5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?
    No.
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    5.1. What about when public assistance is not being expended?
    No.
    6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?
    modification
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    7. 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 custodial parent obtain legal custody before child support is addressed? Please describe.
    No
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    7. Income Withholding

    1. What are specific sources of income not subject to withholding?
    Supplemental Security Income, VA Disability Benefits.
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    2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.
    Yes. Withholding for child support cannot exceed 50% of disposable earnings.
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    2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA?
    N/A
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    2.2. What are the withholding limits for non-employees?
    The withholding limits are broadly defined under LA R.S. 13:3881 and depends on the source of the payment
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    3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii).
    $5 per withholding
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    4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.
    No.
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    5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?
    After the date of service.
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    5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?
    The employer must implement withholding no later than 14 days following service of the notice.
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    6. When must an employer remit amounts withheld from an employee's pay?
    The employer must forward the amount withheld within seven days.
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    7. What are your state's sanctions for 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.
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    7.1. What are the penalties 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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    8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents.
    "LA R.S. 23:1693 requires unemployment to be withheld by the State Child Support Agency. "
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    8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.
    If there is a disputed claim or pending settlement, Louisiana should be requested to register the order for enforcement.
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    9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents.
    Yes
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    9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.
    N/A
    10. How does a noncustodial parent contest an income withholding in your state?
    The person ordered to pay support may prevent an income assignment order from being served by filing a petition to stay service with the clerk of court within fifteen days after the notice.
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    11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
    The payments go to the case that it is designated to by the case number unless the employer sends the payment by Social Security number. If the payments are remitted by Social security number then the payments are pro-rated among the cases.
    12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?
    The term "disposable earnings" means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld and which amounts are reasonable and are being deducted in the usual course of business at the time the garnishment is served upon the employer 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.
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    13. When does your state require the employer to send notice of an employee's termination?
    The employer is to notify this state within 10 days.
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    14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.
    The state will apply the payments in the following manner ongoing support, arrears owed to the family, arrears owed to the state, out of state arrears, foster care, and medical support arrears.
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    8. Distribution

    1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.
    No
    2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.
    No
    3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?
    The federal income tax is applied to state arrears first
    4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?
    The payments are applied to our state arrears first and the other state arrears are paid last
    4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?
    The collections are distributed to the current support then applied to the arrears owed to the family
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    9. Enforcement

    1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)
    Administrative (MSFIDM, FIDM, State Lottery, State Tax Offset, Worker's Comp Lump Sums, Casino winnings, and Insurance settlements)
    2. What criteria must be met, and in addition to Transmittal #3, 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.
    3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?
    For initial reporting: a current case must owe twice the current monthly obligation; an arrears only case must have a balance owed of $1000.
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    4. To which credit bureaus does your state report a noncustodial parent's child support information?
    Transunion, Equifax, and Experian
    5. Is the method for credit bureau reporting judicial, administrative, or both?
    administrative
    6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"
    Yes, the noncustodial parent must contact the agency or wait until the case is closed and the state will remove the report automatically.
    7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
    Yes, the minimum amount is $150 for TANF cases and Non-TANF cases is $500
    8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
    No
    9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
    Yes
    10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
    No
    11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount?
    Yes
    12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount?
    No
    13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial?
    Yes
    14. Are the financial institution attachment procedures in your state judicial, administrative, or both?
    Administrative
    15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?
    N/A
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    16. Is the financial institution attachment process in your state centralized and/or automated?
    Centralized
    17. What are the criteria to attach an account in a financial institution in your state?
    Arrears are more than six months delinquent or; ● There has been no payment received on the arrearages in the last six months or; ● The NCP is making regular payments on the arrearage, but the arrearage is so large that it will not be paid off in a reasonable period of time or; ● The arrearage is fairly small, but the NCP is not making any payments at all, or is making sporadic or partial payments or; ● The NCP is not complying with the court order or a written agreement entered with the child support agency
    18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.
    No
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    19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.
    The requesting agency would send a transmittal #1 and all documentation described on the matirx to request that LA enforce the case.
    20. Does your state's income withholding definition include amounts in financial institutions?
    No.
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    21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?
    Yes. The state notifies the noncustodial parent
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    22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?
    The financial institution will hold the funds for 30 days.
    For Additional Information - No Link Provided
    23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.
    Yes. The appeal timeframe is 30 days.
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    24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.
    The Noncustodial parent assets in checking above $2000 and the assets in savings above $500 are eligible for attachment.
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    25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment?
    The noncustodial parent has 30 days to contest by requesting an administrative hearing through the state child support agency.
    For Additional Information - No Link Provided
    26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.
    No
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    27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?
    The state will suspend the obligor's license when he/she is more than ninety days in arrears in making payments in full for current support, or in making periodic payments on a support arrearage pursuant to a court order, or in making periodic payments as set forth in a court order of support, and has obtained or maintained health insurance coverage if required by an order of support.
    For Additional Information - No Link Provided
    28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?
    The obligor is up to date with current child support payments, all past-due support has been paid, or the obligor has fulfilled the health insurance provisions.
    29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?
    No
    30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.
    The state will suspend the obligor's license when he/she is more than ninety days in arrears in making payments in full for current support, or in making periodic payments on a support arrearage pursuant to a court order, or in making periodic payments as set forth in a court order of support, and has obtained or maintained health insurance coverage if required by an order of support.
    31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?
    The obligor is up to date with current child support payments, all past-due support has been paid, or the obligor has fulfilled the health insurance provisions.
    32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?
    No
    33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.
    The state will suspend the obligor's license when he/she is more than ninety days in arrears in making payments in full for current support, or in making periodic payments on a support arrearage pursuant to a court order, or in making periodic payments as set forth in a court order of support, and has obtained or maintained health insurance coverage if required by an order of support.
    34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?
    The obligor is up to date with current child support payments, all past-due support has been paid, or the obligor has fulfilled the health insurance provisions.
    35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?
    No
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    36. What are the criteria for initiating/filing a lien in your state?
    The requesting state must send the approved OMB lien form.
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    37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.
    both
    38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe.
    Yes, the process is administrative.
    For Additional Information - No Link Provided
    39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.
    The state has a state income refund offset and it is administrative
    40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?
    The state intercepts lottery, gaming/gambling winnings.
    40.1. If yes, is this enforcement judicial, administrative, or both?
    administrative
    41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?
    N/A
    42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?
    N/A

    10. Modification And Review/Adjustment

    1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)
    Every three years or upon proof of a substantial change in circumstances
    For Additional Information - No Link Provided
    2. What is your state's modification procedure? Briefly describe.
    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.
    For Additional Information - No Link Provided
    3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?
    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.
    For Additional Information - No Link Provided
    4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
    For the 3 year review, no change in circumstances is required.
    For Additional Information - No Link Provided
    4.1. The earnings of the noncustodial parent have substantially increased or decreased.
    Yes, the noncustodial parent can request a review
    4.2. The earnings of the custodial parent have substantially increased or decreased.
    Yes, the custodial parent can request a review
    4.3. The needs of a party or the child(ren) have substantially increased or decreased.
    Either party to the order can request a review
    For Additional Information - No Link Provided
    4.4. The cost of living has changed.
    Either party to the order can request a review
    4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
    Either party to the order can request a review
    4.6. There has been a substantial change in childcare expenses.
    Either party to the order can request a review
    4.7. 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.
    For Additional Information - No Link Provided
    5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)
    Extraordinary expenses of the child such as special schooling needs.
    6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)
    Yes, the order will be suspended by operation of law after 180 have passed and after release the state will automatically initiate a review of the order.
    For Additional Information - No Link Provided

    11. Lump Sum Payments

    1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.)
    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.
    For Additional Information - exit disclaimer
    2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.
    Yes. LA R.S. 46:236.3(E)(6)(b)(i)
    For Additional Information - No Link Provided
    3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?
    The state uses the OMB- approved income withholding for employer issued bonuses and lump sum payments. If it is a worker's compensation claim, the state uses its own notice.

    12. Cost Recovery And Fees

    1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.
    No
    1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)
    N/A
    2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.
    Yes. 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)
    3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.
    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.
    3.1. Is it retained by the state from support collected?
    Yes
    3.2. Is it paid by the individual applying for child support services?
    The Custodial Party is responsible for payment of the mandatory annual fee of $35.
    3.3. Is it recovered from the noncustodial parent?
    No
    3.4. Is it paid by the state out of its state funds?
    No

    13. Insurance Match

    1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
    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. The insurer would have to contact the IV-D agency who owe past-due child support. 46.236.3
    For Additional Information - No Link Provided
    2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program?
    The insurance company has to act as a financial institution and holds property or maintains accounts reflecting property belonging to others; Otherwise there is no insurance match.
    3. What process does your state use to intercept insurance payments?
    Louisiana has contracted with the Child Support Lein Network (CSLN) for this process. LA R.S. 46:236.15(D)
    For Additional Information - exit disclaimer
    4. How does another state initiate and intercept collections from your state’s workers’ compensation agency?
    The LA Workforce Commission requires a two state process that starts by sending an OMB Transmittal 3 through the LA Central Registry.
    For Additional Information - No Link Provided
    5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?
    Yes.

    14. Family Violence

    15. CSENet

    1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)
    A CSENet transaction automatically generates to the responding state advising of our intent to close the case in 60 days.
    2. When your state is the responding state, does it 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)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)
    If case status changes from active to closed due to initiating state failing to cooperate, a CSENet transaction automatically generates to the other state advising that case was closed. If the case is a Louisiana responding interstate case and we receive a PCL CSENet transaction from the initiating state, no response is necessary.
    3. When your state is the initiating state, does it 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; 45 CFR 303.7(c)(12).)
    Yes
    4. When your state is the responding state, does it 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; 45 CFR 303.7(d)(9).)
    No
    5. 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 state if our state is trying to reconcile the balance on the account.
    6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
    Our state uses CSENet transactions to request case information and arrears balance, however, a paper copy of arrears may also be required if the balance is going to be recorded.

    16. Copies Of Orders And Payment Records

    1. What are the procedures and associated costs for obtaining a certified copy of a court order?
    Procedure is to send a Transmittal #3 to Central Registry.
    For Additional Information - No Link Provided
    2. What are the procedures and associated costs for obtaining a certified payment record?
    Procedure is to send a Transmittal #3 to Central Registry. There is a cost for requesting certified copies and payment records for civil Non IV-D cases.
    For Additional Information - No Link Provided

    17. Uniform Interstate Family Support Act (UIFSA)

    1. What is the statutory citation for your state's enactment of UIFSA?
    Children's Code Article 1301.1 through 1308.2
    For Additional Information - No Link Provided
    2. How does your state define the tribunal (See UIFSA 103)?
    "Tribunal means a court, administrative agency, or quasi judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. Art. 1301.2(29)
    For Additional Information - No Link Provided
    3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?
    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.
    4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?
    No

    18. International - Reciprocity

    1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)
    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 Saskatchewan and the Yukon Territory.
    2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)
    No
    3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?
    Yes

    19. International Information For Hague Convention Countries

    1. 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
    For Additional Information - No Link Provided
    2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.
    Consult legal counsel concerning questions about pleadings and legal documents.
    3. What methods of personal service does your state use?
    LA R.S. 13:3204
    4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)
    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, cost of health insurance premiums, extraordinary medical expenses and other extraordinary expenses. R.S. 9:315.8
    For Additional Information - No Link Provided
    5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.
    N/A
    6. 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
    For Additional Information - No Link Provided

    20. International Payments

    1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?
    Louisiana Centralized Collection Unit would facilitate such disbursements.
    2. What actions does your state take to reduce the costs and fees associated with international payment processing?
    None
    3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.
    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.

    21. Tribal Non IV-D

    1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?
    No
    1.1. If yes, list the tribes and identify services provided, if less than full services.
    N/A
    For Additional Information - No Link Provided
    2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?
    No

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