reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:228. Same; court order waiving birth certificate

RS 9:228 - Same; court order waiving birth certificate
A. In the event of extenuating circumstances, for good cause shown, and after a hearing, which may be held in camera, finding that the parties have complied with all other requirements, including presentation of the letter required by R.S. 9:227 and other competent evidence that the applicant was born in any state or territory of the United States, a judge of the First or Second City Courts of the city of New Orleans, a family court judge, a juvenile court judge, or any district court judge of a parish may order an issuing official within the territorial jurisdiction of his court to issue a marriage license without the applicant submitting a birth certificate. The order need not state the reasons. The written order shall be attached to the marriage application.
B. In the event of extenuating circumstances, and for good cause shown, and after a hearing, which may be held in camera, finding that the parties have complied with all other requirements, including presentation of the letter required by R.S. 9:227 and other competent evidence that the applicant was born in any state or territory of the United States, a justice of the peace or city court judge may order an issuing official within the parish where his court is situated to issue a marriage license without the applicant submitting a birth certificate. The order need not state the reasons. The written order shall be attached to the marriage application.
Acts 1991, No. 692, §1; Acts 1995, No. 454, §1; Acts 1999, No. 113, §1; Acts 2014, No. 435, §1; Acts 2015, No. 436, §1, eff. Jan. 1, 2016.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:229. §§229 to 233 Repealed by Acts 1988, No. 345, §2, eff. July 7, 1988; Acts 1988, No. 808, §2, eff. July 18, 1988.

RS 9:229 - §§229 to 233 Repealed by Acts 1988, No. 345, §2, eff. July 7, 1988; Acts 1988, No. 808, §2, eff. July 18, 1988.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:234. Time and date; indication of covenant marriage

RS 9:234 - Time and date; indication of covenant marriage
A. The official who issues the marriage license shall show on the face of it the exact time and date of issuance.
B. The official shall also indicate on the marriage license whether the parties intend to enter into a covenant marriage.
Acts 1987, No. 886, §3, eff. Jan. 1, 1988; Acts 1997, No. 1380, §2.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:235. Valid for thirty days

RS 9:235 - Valid for thirty days
A marriage license is valid for thirty days from the date of issuance. No officiant shall perform a marriage after the license has expired.
Acts 1987, No. 886, §3, eff. Jan. 1, 1988.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:236. Reissuance

RS 9:236 - Reissuance
A new license may be issued to the parties if they surrender the expired license to the issuing official.
Acts 1988, No. 345, §1, eff. July 7, 1988; Acts 1988, No. 808, §1, eff. July 18, 1988.
{{NOTE: SEE ACTS 1988, NO. 808, §3.}}
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:237. Information on matrimonial regime and covenant marriage laws; printed summary

RS 9:237 - Information on matrimonial regime and covenant marriage laws; printed summary
A. On receiving an application for a license to marry, the license-issuing officer shall deliver to each prospective spouse, either in person or by registered mail, a printed summary of the then current matrimonial regime laws of this state and the covenant marriage law of this state. These summaries shall be prepared by the attorney general of this state.
B. The summary of matrimonial regime law shall emphasize the possibility of contracting expressly a regime of one's choosing before marriage, that spouses who have not entered into a matrimonial agreement before marriage become subject to the legal regime by operation of law, and the possibility of contracting after marriage to modify the matrimonial regime.
C. The summary of covenant marriage law shall emphasize that premarital counseling is mandatory at which time the necessary documents consisting of the declaration of intent and the affidavit and attestation of the counselor shall be executed, that the couple agrees to take all reasonable steps to preserve their marriage if marital difficulties arise, including marriage counseling, that divorce in a covenant marriage is restricted to fault by a spouse and living separate and apart for two years as provided in R.S. 9:307, that expenses for additional legal and marital counseling may be incurred by the couple in order to obtain a legal termination of a covenant marriage, and that divorce under the general marriage law of this state differs significantly.
Acts 1987, No. 886, §3, eff. Jan. 1, 1988; Acts 2001, No. 561, §1; Acts 2014, No. 360, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:241. Premature ceremony prohibited

RS 9:241 - Premature ceremony prohibited
An officiant may not perform a marriage ceremony until twenty-four hours have elapsed since the issuance of the marriage license.
Acts 1987, No. 886, §3, eff. Jan. 1, 1988; Acts 2018, No. 276, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:242. Waiver of delay

RS 9:242 - Waiver of delay
A. A judge, justice of the peace, or retired justice of the peace authorized to perform the marriage may waive the twenty-four-hour delay upon application of the parties giving serious and meritorious reasons. His certificate authorizing the immediate performance of the ceremony must be attached to the marriage license.
B. Notwithstanding the provisions of R.S. 9:241, an officiant authorized to perform marriage ceremonies in the parish of Orleans may waive the twenty-four-hour delay for nonresident parties upon application of the parties giving serious and meritorious reasons. His certificate authorizing the immediate performance of the ceremony shall be attached to the marriage license. For purposes of this Subsection, "nonresident" shall mean a person domiciled or residing in a jurisdiction other than the state of Louisiana.
Acts 1987, No. 886, §3, eff. Jan. 1, 1988; Acts 2003, No. 255, §1, eff. June 6, 2003; Acts 2014, No. 435, §1; Acts 2018, No. 276, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:243. Penalty

RS 9:243 - Penalty
An officiant who violates R.S. 9:241, except for a judge, justice of the peace or an officiant authorized to perform marriage ceremonies in the parish of Orleans and who is authorized to waive the twenty-four-hour delay pursuant to the provisions of R.S. 9:242(B), may have his authority to perform marriage ceremonies revoked by the state registrar of vital records. The revocation may not exceed one year.
Acts 1987, No. 886, §3, eff. Jan. 1, 1988; Acts 2003, No. 255, §1, eff. June 6, 2003; Acts 2018, No. 276, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:245. Marriage certificate

RS 9:245 - Marriage certificate
A.(1) The marriage certificate is the record prepared for every marriage on a form approved by the state registrar of vital records. It shall contain the information prescribed. On the face of the certificate shall appear the certification to the fact of marriage including, if applicable, a designation that the parties entered into a covenant marriage, signed by the parties to the marriage and by the witnesses, and the signature and title of the officiant.
(2) The marriage certificate shall show the place, time, and date of the performance of the ceremony.
B. Every officiant of a marriage ceremony performed in this state shall sign a certificate of marriage in triplicate.
Acts 1987, No. 886, §3, eff. Jan. 1, 1988; Acts 1997, No. 1380, §2.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:251. Consolidated form

RS 9:251 - Consolidated form
The application for a marriage license, the authorization to the officiant to perform the marriage ceremony, and the marriage certificate may be incorporated into a single form approved by the state registrar of vital records.
Acts 1987, No. 886, §3, eff. Jan. 1, 1988.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:252. Duplicate records of marriage licenses issued; preservation; filing of duplicate copy with state division of vital records; penalty for failure to file

RS 9:252 - Duplicate records of marriage licenses issued; preservation; filing of duplicate copy with state division of vital records; penalty for failure to file
A. Each officer authorized to issue marriage licenses in this state shall keep a duplicate record of all marriage licenses issued, on which he shall note the date and place of the marriage, and the name of the person who performed the ceremony.
B. One copy shall be kept in a loose-leaf book until it has been filled, at which time it shall be permanently bound, and shall be kept open to the inspection of the public during office hours.
C. The other copy shall be filed with the division of vital records of the Department of Children and Family Services within ten days of the expiration of each month, and the failure, neglect, or refusal to do so shall be punished by a fine of not less than ten dollars nor more than fifty dollars.
Acts 1987, No. 886, §3, eff. Jan. 1, 1988; H.C.R. No. 59, 1999 R.S.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:253. Disposition and recordation of marriage certificates

RS 9:253 - Disposition and recordation of marriage certificates
A. The officiant shall give one copy of the marriage certificate to the married parties. Within ten days after the ceremony, he shall file the other two copies of the certificate of marriage with the clerk of court who issued the marriage license.
B. Upon receipt of these copies, this officer shall sign them and note thereon the date the certificate was recorded by him.
C. The clerk of court shall forward to the state registrar of vital records, on or before the fifteenth day of each calendar month, all of the following:
(1) One copy of each certificate of marriage filed with him during the preceding calendar month.
(2) A copy of the application of marriage which indicates the dates of birth of the husband and wife if either the husband or the wife is a minor.
Acts 1987, No. 886, §3, eff. Jan. 1, 1988; Acts 2019, No. 401, §2.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:254. Penalty for failure to file or complete marriage certificate

RS 9:254 - Penalty for failure to file or complete marriage certificate
Any person authorized to perform marriages in this state who fails to complete the forms provided by the Department of Children and Family Services, and specifically fails to fill in the date and place the ceremony was performed, or neglects or fails to file the two executed copies with the clerk of court in the parish where the license was issued or, if in Orleans Parish, with the state office of vital records, within ten days after the date of the marriage as provided by law, shall be fined not less than twenty dollars for the first offense, fifty dollars for the second offense, and one hundred dollars for a third offense, and the offender shall be prohibited thereafter from officiating at any marriage in this state.
Acts 1987, No. 886, §3, eff. Jan. 1, 1988; H.C.R. No. 59, 1999 R.S.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:255. Tabulation of marriage statistics; annual report

RS 9:255 - Tabulation of marriage statistics; annual report
A. The state registrar of vital records shall annually prepare, from the information filed with him under the provisions of R.S. 9:224, 252, and 253, abstracts and tabular statements of the facts relating to marriages in each parish, and embody them, with the necessary analysis, in his annual report to the state. His annual report to the state shall include a state of marriage report.
B. The annual state of marriage report shall include the number of minors married in each parish, the number of marriages approved by parental consent, and the number of marriages approved by judicial authorization.
C. The annual state of marriage report shall be submitted to the speaker of the House of Representatives and the president of the Senate.
Acts 1987, No. 886, §3, eff. Jan. 1, 1988; Acts 2019, No. 401, §2.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:256. Penalties

RS 9:256 - Penalties
Any person who makes a false entry in a marriage license as to the time and date of the issuance of the license or, in a marriage certificate, as to the time and date of the performance of the marriage, shall be guilty of a misdemeanor and upon conviction shall be fined not more than twenty-five dollars.
Acts 1987, No. 886, §3, eff. Jan. 1, 1988.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:261. Opposition to marriage

RS 9:261 - Opposition to marriage
In case of an opposition to the marriage, if it be supported by the oath of the party making it, and by reason sufficient in the opinion of the judge to authorize a suspension of the marriage, it shall be notified to the parties, and a day shall be assigned for a hearing.
Acts 1987, No. 886, §3, eff. Jan. 1, 1988.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:262. Hearing on opposition

RS 9:262 - Hearing on opposition
The time fixed for the hearing of the parties and the decision on the opposition shall not exceed ten days from the day on which the opposition was made.
Acts 1987, No. 886, §3, eff. Jan. 1, 1988.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:263. Persons entitled to oppose

RS 9:263 - Persons entitled to oppose
Any person may make opposition to a marriage, but if the opposition is overruled, the party making it shall pay costs.
Acts 1987, No. 886, §3, eff. Jan. 1, 1988.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:272. Covenant marriage; intent; conditions to create

RS 9:272 - Covenant marriage; intent; conditions to create
A. A covenant marriage is a marriage entered into by one male and one female who understand and agree that the marriage between them is a lifelong relationship. Parties to a covenant marriage have received counseling emphasizing the nature and purposes of marriage and the responsibilities thereto. Only when there has been a complete and total breach of the marital covenant commitment may the non-breaching party seek a declaration that the marriage is no longer legally recognized.
B. A man and woman may contract a covenant marriage by declaring their intent to do so on their application for a marriage license, as provided in R.S. 9:224(C), and executing a declaration of intent to contract a covenant marriage, as provided in R.S. 9:273. The application for a marriage license and the declaration of intent shall be filed with the official who issues the marriage license.
C. A covenant marriage terminates only for one of the causes enumerated in Civil Code Article 101. A covenant marriage may be terminated by divorce only upon one of the exclusive grounds enumerated in R.S. 9:307. A covenant marriage agreement may not be dissolved, rescinded, or otherwise terminated by the mutual consent of the spouses.
Acts 1997, No. 1380, §3; Acts 2006, No. 249, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:273. Covenant marriage; contents of declaration of intent

RS 9:273 - Covenant marriage; contents of declaration of intent
A. A declaration of intent to contract a covenant marriage shall contain all of the following:
(1) A recitation signed by both parties to the following effect:
"A COVENANT MARRIAGE
We do solemnly declare that marriage is a covenant between a man and a woman who agree to live together as husband and wife for so long as they both may live. We have chosen each other carefully and disclosed to one another everything which could adversely affect the decision to enter into this marriage. We have received premarital counseling on the nature, purposes, and responsibilities of marriage. We have read the Covenant Marriage Act, and we understand that a Covenant Marriage is for life. If we experience marital difficulties, we commit ourselves to take all reasonable efforts to preserve our marriage, including marital counseling.
With full knowledge of what this commitment means, we do hereby declare that our marriage will be bound by Louisiana law on Covenant Marriages and we promise to love, honor, and care for one another as husband and wife for the rest of our lives."
(2)(a) An affidavit by the parties attesting they have received premarital counseling from a priest, minister, rabbi, clerk of the Religious Society of Friends, any clergyman of any religious sect, or a professional marriage counselor, which counseling shall include a discussion of the seriousness of covenant marriage, communication of the fact that a covenant marriage is a commitment for life, a discussion of the obligation to seek marital counseling in times of marital difficulties, and that they have received and read the informational pamphlet developed and promulgated by the office of the attorney general entitled "Covenant Marriage Act" which provides a full explanation of the terms and conditions of a covenant marriage.
(b) An attestation, signed by the counselor and attached to or included in the parties' affidavit, confirming that the parties were counseled as to the nature and purpose of the marriage.
(3)(a) The signature of both parties witnessed by a notary.
(b) If one or both of the parties are minors, the written consent or authorization of those persons required under the Children's Code to consent to or authorize the marriage of minors.
B. The declaration shall contain two separate documents, the recitation and the affidavit, the latter of which shall include the attestation either included therein or attached thereto. The recitation shall be prepared in duplicate originals, one of which shall be retained by the parties and the other, together with the affidavit and attestation, shall be filed as provided in R.S. 9:272(B).
Acts 1997, No. 1380, §3; Acts 1999, No. 1298, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:274. Covenant marriage; other applicable rules

RS 9:274 - Covenant marriage; other applicable rules
A covenant marriage shall be governed by all of the provisions of Chapters 1 through 4 of Title IV of Book I of the Louisiana Civil Code and the provisions of Code Title IV of Code Book I of this Title.
Acts 1997, No. 1380, §3.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:275.1. Declaration of intent; married couples; form

RS 9:275.1 - Declaration of intent; married couples; form
A. The following is suggested as a form for the recitation which may be used by the couple:
"DECLARATION OF INTENT
We do solemnly declare that marriage is a covenant between a man and a woman who agree to live together as husband and wife for so long as they both may live. We understand the nature, purpose, and responsibilities of marriage. We have read the Covenant Marriage Act, and we understand that a Covenant Marriage is for life. If we experience marital difficulties, we commit ourselves to take reasonable efforts to preserve our marriage, including marital counseling.
With full knowledge of what this commitment means, we do hereby declare that our marriage will be bound by Louisiana law on Covenant Marriage, and we renew our promise to love, honor, and care for one another as husband and wife for the rest of our lives."
B. The following is the suggested form of the affidavit which may be used by the parties, notary, and counselor:
STATE OF LOUISIANA
PARISH OF _________________
BE IT KNOWN THAT on this ____ day of ________, ________, before me the undersigned notary, personally came and appeared:
____________________________________
(Insert names of spouses)
who after being sworn by me, Notary, deposed and stated that:
Affiants acknowledge that they have received counseling from a priest, minister, rabbi, clerk of the Religious Society of Friends, any clergyman of any religious sect, or a professional marriage counselor, which counseling included:
A discussion of the seriousness of Covenant Marriage;
Communication of the fact that a Covenant Marriage is a commitment for life;
The obligation of a Covenant Marriage to take reasonable efforts to preserve the marriage if marital difficulties arise, and
That the affiants both read the pamphlet entitled "The Covenant Marriage Act" developed and promulgated by the office of the attorney general, which provides a full explanation of a Covenant Marriage, including the obligation to seek marital counseling in times of marital difficulties and the exclusive grounds for legally terminating a Covenant Marriage by divorce or divorce after a judgment of separation from bed or board.
____________________________
(Name of Spouse)
____________________________
(Name of Spouse)
SWORN TO AND SUBSCRIBED BEFORE ME THIS _____ DAY OF ___________, _______.
__________________________
NOTARY PUBLIC
ATTESTATION
The undersigned does hereby attest that the affiants did receive counseling from me as to the nature and purpose of marriage, which included a discussion of the seriousness of Covenant Marriage, communication of the fact that a Covenant Marriage is for life, and the obligation of a Covenant Marriage to take reasonable efforts to preserve the marriage if marital difficulties arise.
________________________
Counselor
Acts 1999, No. 1298, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:276. Limitation of liability; pastoral counselor

RS 9:276 - Limitation of liability; pastoral counselor
A. No person shall have a cause of action against any priest, minister, rabbi, clerk of religious society of friends, or any clergyman of any religious sect, for any action taken or statement made in adherence with the provisions for counseling as provided for in this Part.
B. The immunity from liability provided for in Subsection A of this Section, shall not apply to any action or statement by such priest, minister, rabbi, clerk of religious society of friends, or any clergyman of any religious sect, if such action or statement was maliciously, willfully, and deliberately intended to cause harm to, or harass or intimidate those seeking such counseling.
Acts 2003, No. 778, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:291. Suits between spouses

RS 9:291 - Suits between spouses
Spouses may not sue each other except for causes of action pertaining to contracts or arising out of the provisions of Book III, Title VI of the Civil Code; for restitution of separate property; for divorce or declaration of nullity of the marriage; and for causes of action pertaining to spousal support or the support or custody of a child while the spouses are living separate and apart.
Acts 1990, No. 1009, §6, eff. Jan. 1, 1991; Acts 2004, No. 490, §3.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:292. Surname of married person

RS 9:292 - Surname of married person
Notwithstanding any other law to the contrary, a woman, at her option, may use her maiden name, her present spouse's name, or a hyphenated combination thereof. If widowed, divorced, or remarried, a woman may use her maiden name, the surname of her deceased or former spouse, the surname of her present spouse, or any combination thereof.
Acts 2003, No. 852, §1; Acts 2004, No. 118, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:294. Covenant spouses' love, respect, and community

RS 9:294 - Covenant spouses' love, respect, and community
Spouses owe each other love and respect and they commit to a community of living. Each spouse should attend to the satisfaction of the other's needs.
Acts 2004, No. 490, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:295. Covenant spouses' obligation to live together

RS 9:295 - Covenant spouses' obligation to live together
Spouses are bound to live together, unless there is good cause otherwise. The spouses determine the family residence by mutual consent, according to their requirements and those of the family.
Acts 2004, No. 490, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:298. Obligations to children of the marriage

RS 9:298 - Obligations to children of the marriage
The spouses are bound to maintain, to teach, and to educate their children born of the marriage in accordance with their capacities, natural inclinations, and aspirations, and shall prepare them for their future.
Acts 2004, No. 490, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:301. Court may authorize spouse of military personnel presumed dead to remarry; judgment dissolves marriage

RS 9:301 - Court may authorize spouse of military personnel presumed dead to remarry; judgment dissolves marriage
A. The spouse of a person presumed dead, as provided in R.S. 9:1441, may petition the district court of the parish in which the petitioner is domiciled for authority to contract another marriage. Upon the submission of proof that the petitioner is domiciled in the parish, and that the other spouse is presumed dead, the court may authorize petitioner to contract another marriage. The presumption of the death of petitioner's spouse may be proved as provided in R.S. 9:1443.
B. The judgment of court authorizing the petitioner to contract another marriage has the effect of terminating the marriage to the person presumed dead if he is alive at the time.
Acts 1990, No. 1009, §§7, 9, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:302. Divorce proceedings; hearings in chambers; procedure

RS 9:302 - Divorce proceedings; hearings in chambers; procedure
A. In addition to any hearing otherwise authorized by law to be held in chambers, the court by local rule, and only in those instances where good cause is shown, may provide that only with mutual consent, civil hearings before the trial court in divorce proceedings may be held in chambers. Such hearings shall include contested and uncontested proceedings and rules for spousal support, child support, visitation, injunctions, or other matters provisional and incidental to divorce proceedings.
B. A motion for hearing in chambers pursuant to this Section may be made by either party or upon the court's own motion.
C. Except for being closed to the public, the hearings held in chambers pursuant to this Section shall be conducted in the same manner as if taking place in open court. The minute clerk and court reporter shall be present if necessary to perform the duties provided by law.
D. The provisions of this Section shall not be construed to repeal or restrict the authority otherwise provided by law for any hearing to be held in chambers.
Acts 1990, No. 1009, §§7, 9, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:303. Income assignment; new orders; deviation

RS 9:303 - Income assignment; new orders; deviation
A. In all new child support orders after January 1, 1994, that are not being enforced by the Department of Children and Family Services, the court shall include as part of the order an immediate income assignment unless there is a written agreement between the parties or the court finds good cause not to require an immediate income assignment.
B. For purposes of this Section:
(1) "Written agreement" means a written alternative arrangement signed by both parents, reviewed by the court, and entered into the record of the proceedings.
(2) "Good cause" exists upon a showing by the respondent that any of the following exist:
(a) There has been no delinquency in payment of child support for the six calendar months immediately preceding the filing of the motion for modification of an existing child support order.
(b) The respondent is agreeable to a consent judgment authorizing an automatic ex parte immediate income assignment if he becomes delinquent in child support payments for a period in excess of one calendar month.
(c) The respondent is not likely to become delinquent in the future.
(d) Any other sufficient evidence which, in the court's discretion, constitutes good cause.
C. An income assignment order issued pursuant to this Section shall be payable through the Louisiana state disbursement unit for collection and disbursement of child support payments as provided in R.S. 46:236.11 and shall be governed by the same provisions as immediate income assignment orders that are being enforced by the department, including R.S. 46:236.1.1 et seq. All clerks of court in the state shall provide information to the state disbursement unit on income assignment orders issued pursuant to this Section. The department shall promulgate rules and regulations to implement the provisions of this Section in accordance with the Administrative Procedure Act.
Acts 1993, No. 145, §1; Acts 1997, No. 1121, §1, eff. Oct. 1, 1998; Acts 2010, No. 238, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:304. Judgment of divorce; waiting periods; accrual of abandonment period

RS 9:304 - Judgment of divorce; waiting periods; accrual of abandonment period
A.(1) In the aftermath of Hurricanes Katrina and Rita, the issuance of Executive Orders KBB 2005-32, 48, and 67 shall not affect the calculation of the one hundred eighty-day waiting period required by Civil Code Article 102, the six-month waiting period required by Civil Code Article 103(1), or the one-year, one-year and six months, or two-year waiting periods required by R.S. 9:307.
(2) Any judgment of divorce rendered during the time periods affected by Executive Orders KBB 2005-32, 48, and 67 shall be a good and valid judgment if no appeal or request for new trial has been filed in accordance with the provisions of the Code of Civil Procedure or any applicable law or by January 3, 2006, whichever is later.
B. Notwithstanding Code of Civil Procedure Article 3954, if the two-year abandonment period would have otherwise accrued during the suspension of all legal deadlines as provided in Executive Orders KBB 2005-32, 48, and 67, the parties shall have thirty days from the effective date of this Section to file a rule to show cause as required by Civil Code Article 102.
Acts 2005, 1st Ex. Sess., No. 31, §1, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:304.1. Court costs; action to make child support executory

RS 9:304.1 - Court costs; action to make child support executory
A. An action to make past due child support executory may be filed by any plaintiff, who is unable to utilize the provisions of Chapter 5 of Title I of Book IX of the Code of Civil Procedure, without paying the costs of court in advance or as they accrue or furnishing security therefor, if the court is satisfied that the plaintiff because of poverty or lack of means cannot afford to make payment.
B. When the action has been filed without the payment of costs as provided in Subsection A and the plaintiff is not the prevailing party, except for good cause, the court shall order the plaintiff to pay all costs of court.
Acts 1988, No. 603, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:306. Seminar for divorcing parents

RS 9:306 - Seminar for divorcing parents
A. Upon an affirmative showing that the facts and circumstances of the particular case before the court warrant such an order, a court exercising jurisdiction over family matters may require the parties in a custody or visitation proceeding to attend and complete a court-approved seminar designed to educate and inform the parties of the needs of the children.
B. If the court chooses to require participation in such a seminar, it shall adopt rules to accomplish the goals of Subsection A of this Section, which rules shall include but not be limited to the following:
(1) Criteria for evaluating a seminar provider and its instructors.
(2) Criteria to assure selected programs provide and incorporate into the provider's fee structure the cost of services to indigents.
(3) The amount of time a participant must take part in the program, which shall be a minimum of three hours but not exceed four hours nor shall the costs exceed twenty-five dollars per person.
(4) The time within which a party must complete the program.
C. For purposes of this Section, "instructor" means any psychiatrist, psychologist, professional counselor, social worker licensed under state law, or in any parish other than Orleans, means a person working with a court-approved, nonprofit program of an accredited university created for educating divorcing parents with children. All instructors must have received advanced training in instructing co-parenting or similar seminars.
D. The seminar shall focus on the developmental needs of children, with emphasis on fostering the child's emotional health. The seminar shall be informative and supportive and shall direct people desiring additional information or help to appropriate resources. The course content shall contain but not be limited to the following subjects:
(1) The developmental stages of childhood, the needs of children at different ages, and age appropriate expectations of children.
(2) Stress indicators in children adjusting to divorce, the grief process, and avoiding delinquency.
(3) The possible enduring emotional effects of divorce on the child.
(4) Changing parental and marital roles.
(5) Recommendations with respect to visitation designed to enhance the child's relationship with both parents.
(6) Financial obligations of child rearing.
(7) Conflict management and dispute resolution.
E. Nonviolent acts or communications made during the seminar, which are otherwise relevant to the subject matter of a divorce, custody, or visitation proceeding, are confidential, not subject to disclosure, and may not be used as evidence in favor of or against a participant in the pending proceeding. This rule does not require the exclusion of any evidence otherwise discoverable merely because it is presented or otherwise made during the seminar.
Acts 1995, No. 766, §1, eff. July 1, 1995; Acts 1999, No. 276, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:308. Separation from bed and board in covenant marriage; suit against spouse; jurisdiction, procedure, and incidental relief

RS 9:308 - Separation from bed and board in covenant marriage; suit against spouse; jurisdiction, procedure, and incidental relief
A. Unless judicially separated, spouses in a covenant marriage may not sue each other except for causes of action pertaining to contracts or arising out of the provisions of Book III, Title VI of the Civil Code; for restitution of separate property; for separation from bed and board in covenant marriages, for divorce, or for declaration of nullity of the marriage; and for causes of action pertaining to spousal support or the support or custody of a child while the spouses are living separate and apart, although not judicially separated.
B.(1) Any court which is competent to preside over divorce proceedings, including the family court for the parish of East Baton Rouge, has jurisdiction of an action for separation from bed and board in a covenant marriage, if:
(a) One or both of the spouses are domiciled in this state and the ground therefor was committed or occurred in this state or while the matrimonial domicile was in this state.
(b) The ground therefor occurred elsewhere while either or both of the spouses were domiciled elsewhere, provided the person obtaining the separation from bed and board was domiciled in this state prior to the time the cause of action accrued and is domiciled in this state at the time the action is filed.
(2) An action for a separation from bed and board in a covenant marriage shall be brought in a parish where either party is domiciled, or in the parish of the last matrimonial domicile.
(3) The venue provided herein may not be waived, and a judgment of separation rendered by a court of improper venue is an absolute nullity.
C. Judgments on the pleadings and summary judgments shall not be granted in any action for separation from bed and board in a covenant marriage.
D. In a proceeding for a separation from bed and board in a covenant marriage or thereafter, a court may award a spouse all incidental relief afforded in a proceeding for divorce, including but not limited to spousal support, claims for contributions to education, child custody, visitation rights, child support, injunctive relief and possession and use of a family residence or community movables or immovables.
Acts 1997, No. 1380, §4.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:309. Separation from bed and board in a covenant marriage; effects

RS 9:309 - Separation from bed and board in a covenant marriage; effects
A.(1) Separation from bed and board in a covenant marriage does not dissolve the bond of matrimony, since the separated husband and wife are not at liberty to marry again; but it puts an end to their conjugal cohabitation, and to the common concerns, which existed between them.
(2) Spouses who are judicially separated from bed and board in a covenant marriage shall retain that status until either reconciliation or divorce.
B.(1) The judgment of separation from bed and board carries with it the separation of goods and effects and is retroactive to the date on which the original petition was filed in the action in which the judgment is rendered, but such retroactive effect shall be without prejudice to the liability of the community for the attorney fees and costs incurred by the spouses in the action in which the judgment is rendered, or to rights validly acquired in the interim between commencement of the action and recordation of the judgment.
(2) Upon reconciliation of the spouses, the community shall be reestablished between the spouses, as of the date of filing of the original petition in the action in which the judgment was rendered, unless the spouses execute prior to the reconciliation a matrimonial agreement that the community shall not be reestablished upon reconciliation. This matrimonial agreement shall not require court approval.
(3) Reestablishment of the community under the provisions of this Section shall be effective toward third persons only upon filing notice of the reestablishment for registry in accordance with the provisions of Civil Code Article 2332. The reestablishment of the community shall not prejudice the rights of third persons validly acquired prior to filing notice of the reestablishment nor shall it affect a prior community property partition between the spouses.
Acts 1997, No. 1380, §4.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:310. Retroactivity of spousal support order

RS 9:310 - Retroactivity of spousal support order
A. An order for spousal support shall be retroactive to the filing date of the petition for spousal support granted in the order.
B. Any support of any kind provided by the judgment debtor from the date the petition for support is filed to the date the support order is issued, to or on behalf of the person for whom support is ordered, shall be credited to the judgment debtor against the amount of the judgment.
C. In the event the court finds good cause for not making the award retroactive, the court may fix the date such award shall become due.
Acts 1984, No. 166, §1; Acts 1993, No. 261, §4, eff. Jan. 1, 1994.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:312. Child support; accounting; requirements

RS 9:312 - Child support; accounting; requirements
A. On motion of the party ordered to make child support payments pursuant to court decree, by consent or otherwise, after a contradictory hearing and a showing of good cause based upon the expenditure of child support for the six months immediately prior to the filing of the motion, the court shall order the recipient of the support payments to render an accounting.
B. The accounting ordered by the court after the hearing shall be in the form of an expense and income affidavit for the child with supporting documentation and shall be provided quarterly to the moving party. The order requiring accounting in accordance with this Section shall continue in effect as long as support payments are made or in accordance with the court order.
C. The movant shall pay all court costs and attorney fees of the recipient of child support when the motion is dismissed prior to the hearing, and the court determines the motion was frivolous, or when, after the contradictory hearing, the court does not find good cause sufficient to justify an order requiring the recipient to render such accounting and the court determines the motion was frivolous.
D. The provisions of this Section shall not apply when the recipient of the support payments is a public entity acting on behalf of another party to whom support is due.
Acts 1997, No. 1197, §1; Acts 2001, No. 1082, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:313. Divorce and child support proceedings; special requirements

RS 9:313 - Divorce and child support proceedings; special requirements
A. Each party in a divorce proceeding shall provide the court with his social security number or a statement that a social security number is not available. The social security number or statement shall be an attachment to the pleadings. Notwithstanding the provisions of R.S. 44:1 et seq. the clerk of court shall maintain the confidentiality of a party's social security number in a divorce proceeding, provided a request is made to the clerk in writing by the party at the time of the filing of the original petition for divorce or separation or at any time thereafter.
B.(1) Each party in a child support proceeding shall advise the state case registry of his current address and telephone number, social security number, driver's license number, and the name, address, and telephone number of his current employer and of any change in this information during the pendency of the proceeding and thereafter. If any of this information is unavailable, the party shall submit a statement to this effect with the state case registry. Information submitted pursuant to this Subsection shall be available for inspection by the parties in the proceeding but shall otherwise be confidential except as provided in this Subsection.
(2) Any order entered or judgment rendered shall require the parties to provide the state case registry with any change in the information required by this Section which occurs after the date of the entry or rendering.
(3) Upon entry of an order or upon receipt of any change in this information during the pending proceeding, the clerk of court shall forward this information to the state case registry in accordance with R.S. 46:236.10.
(4) In any subsequent child support proceeding between the parties concerning the same minor child, the court may find that an absent party has received sufficient notice of trial or other matter upon a showing of all of the following:
(a) The moving party has made a diligent effort to locate the absentee.
(b) Notice of the proceeding was attempted by personal or domiciliary service in accordance with law to the most recent residence and employment address submitted to the state case registry in accordance with this Subsection and at any current address of the absentee known by the moving party.
Acts 1998, 1st Ex. Sess., No. 8, §1, eff. April 24, 1998.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:314. Attorney fees and court costs in domestic abuse cases

RS 9:314 - Attorney fees and court costs in domestic abuse cases
The court may assess against the perpetrator of domestic abuse all court costs, attorney fees, costs of enforcement and modification proceedings, costs of appeal, evaluation fees, and expert witness fees in an action for divorce granted pursuant to Civil Code Article 103(4) or (5), or in an action in which the court determines that a party to a divorce or a child of one of the spouses was the victim of domestic abuse committed by the perpetrator during the marriage, and in incidental actions.
Acts 2018, No. 264, §3.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:315.1.1. Determination of income; evidence

RS 9:315.1.1 - Determination of income; evidence
A. When a party alleges that income is being concealed or underreported, the court shall admit evidence relevant to establishing the actual income of the party, including but not limited to the following:
(1) Redirected income. (a) Loans to the obligor by a business in which the obligor has an ownership interest and whether the loans will be repaid. There shall be a presumption that such loans are income of the obligor which may be rebutted if the obligor demonstrates there is a history of similar past loans being made and repaid in a timely manner with market interest rates, or the current loan is at market interest rates and is fully paid in accordance with a commercially reasonable time. The amount by which a commercially reasonable repayment amount exceeds the amount actually repaid shall be treated as income.
(b) Payment made by the obligor or by a business in which the obligor has an ownership interest to a person related by blood or affinity in the form of wages or salary. There shall be a presumption that such payments are income of the obligor, which may be rebutted if the obligor demonstrates there is a history of payments preceding the separation of the parties or the filing of an action to establish or modify child support, or that the payments are fair market value for services actually performed.
(2) Deferred income. Recent reductions in distributions of income, such as salary, bonuses, dividends, or management fees as a percentage of gross income of the business of the obligor. There shall be a presumption that past distributions of income will continue, which may be rebutted if the obligor demonstrates business conditions justify a reduction in distributions.
(3) Standard of living and assets. The standard of living and assets of the obligor both prior and subsequent to the establishment of a child support order, to establish the actual income if the amount claimed is inconsistent with his lifestyle.
B. When the income of an obligor cannot be sufficiently established, evidence of wage and earnings surveys distributed by government agencies for the purpose of attributing income to the obligor is admissible.
Acts 2009, No. 378, §1.