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.
For Additional Information - No Link Provided |
4. Does your state use the following applications: EDE, CSENET, QUICK? |
Yes |
2. Duration Of Support
3. Statute Of Limitations
4. Support Details
5. Paternity/Parentage
6. Support Order Establishment
7. Income Withholding
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
For Additional Information - No Link Provided |
9. Enforcement
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.
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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
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
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 |