2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:311.1. Child support during the obligor's incarceration; Department of Children and Family Services providing support enforcement services

RS 9:311.1 - Child support during the obligor's incarceration; Department of Children and Family Services providing support enforcement services
A. In accordance with the provisions of this Section, every child support order shall be suspended when the obligor is incarcerated for, or is sentenced to, with or without hard labor, one hundred eighty consecutive days or more.
B. As used in this Section:
(1) "Child support order" shall have the same meaning provided in Children's Code Article 1301.2.
(2) "Incarceration" means placement of an obligor in a county, parish, state or federal prison or jail, in which the obligor is not permitted to earn wages from employment outside the facility. "Incarceration" does not include probation or parole.
(3) "Support enforcement services" shall have the same meaning provided in R.S. 46:236.1.1.
(4) "Suspension" means the modification of a child support order to zero dollars during the period of an obligor's incarceration.
C. The Department of Public Safety and Corrections or the sheriff of any parish, as appropriate, shall notify the Department of Children and Family Services of any person who has been in their custody and may be subject to a child support order if either:
(1) The person is incarcerated for, or is sentenced to, with or without hard labor, one hundred eighty consecutive days or longer.
(2) The person who was the subject of notification under Paragraph (1) of this Subsection is scheduled to be released from incarceration. The timeframe for such notification under this Paragraph shall be determined by an interagency agreement between the Department of Children and Family Services and the Department of Public Safety and Corrections.
D. When the Department of Children and Family Services is providing support enforcement services, the department shall, upon receipt of notice in accordance with Subsection C of this Section, provide notice to the custodial party by regular mail.
E.(1) No more than fifteen days after receiving notice as provided in Paragraph (C)(1) of this Section, the department shall file an affidavit with the court that has jurisdiction over the order of child support.
(2) The suspension of the child support order shall begin upon the date that the department files the affidavit.
F. Nothing in this Section shall prevent either party from seeking a suspension or a modification of the child support order under this Section or any other provision of law.
G.(1) A child support order suspended in accordance with this Section shall resume by operation of law on the first day of the second full month after the obligor's release from incarceration.
(2) An order that suspends a child support order because of the obligor's incarceration shall contain a provision that the previous order will be reinstated on the first day of the second full month after the obligor's release from incarceration.
(3)(a)(i) If the obligor is released from incarceration while the child is a minor, the Department of Children and Family Services or either party shall petition the court prior to the first day of the second full month after the obligor's release from incarceration for a modification hearing to establish the terms of the previously suspended child support order. Unless the terms of the order of support have been otherwise modified, the suspended order of support shall resume at the same terms that existed before the suspension.
(ii) At the modification hearing, the court may continue the award beyond the termination date provided by R.S. 9:315.22. If the court extends the child support award, the amount of support shall be established using the child support guidelines. Any continuation of a child support award extended pursuant to this Subsection shall not exceed the amount of time the child support order was suspended.
(b) If the obligor is released from incarceration after the child has reached the age of majority, the custodial party or the child may petition the court to establish an award of support for the period of suspension within twenty-four months of the obligor's release from incarceration. The amount of support shall be established using the child support guidelines. Any child support award established pursuant to this Subsection shall not exceed the amount of time the child support order was suspended.
H. Nothing in this Section shall affect any past due support that has accrued before the effective date of the reduction.
I. The provisions of this Section shall not apply if a court does not have continuing exclusive jurisdiction to modify the child support order in accordance with Children's Code Article 1302.5.
J. Repealed by Acts 2018, No. 136, §2, eff. May 11, 2018.
Acts 2017, No. 264, §2, eff. Aug. 1, 2019; Acts 2018, No. 136, §2, eff. May 11, 2018; Acts 2019, No. 277, §2; Acts 2021, No. 339, §1.