Home Page   Services   About Us   Testimonials Free Services   State Law   Support Info   Helpful Links   FAQ   The Law Office of Ronn Bisbee Child Support Laws By State Louisiana State Profile A. General/State-At-A-Glance B. UIFSA C. Reciprocity D. Age of Majority E. Statute of Limitations F. Support Details G. Income Withholding H. Paternity I. Support Order Establishment J. Support Enforcement K. Modification and Review/Adjustment L. Lump Sum Payments M. Insurance Match A. General/State-At-A-Glance A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? State Administered/State Operated. A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? 12 District Offices. A3. With what types of agencies do you have cooperative agreements? 39 Offices of the District Attorney and Clerks of Court A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? Yes A4.1. If yes, what is the statutory citation? R.S. 46:236.1.7 For Additional Information - http://www.legis.state.la.us/lss/lss.asp?doc=207239 A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? No. A4.3. If yes, please explain. N/A B. UIFSA B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? 01/01/1996   B2. What is the effective date of your State's UIFSA? 01/01/1996 B3. What is the statutory citation for your State's Act? Children's Code Article 1301.3 through 1308.2. For Additional Information - http://www.legis.state.la.us/lss/lss.asp?doc=72795 B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? 1996 Version B4.1. If your state has implemented the 2001 version, when was it implemented? N/A B5. Optional comments regarding your State's UIFSA. N/A C. Reciprocity C1. With what foreign countries does your State reciprocate? Louisiana acknowledges reciprocity with France, Germany, Saipan and 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: Australia, Czech Republic, El Salvador, Finland, Hungary, Ireland, Israel, Netherlands, Norway, Poland, Portugal, Slovak Republic, Switzerland, The United Kingdom of Great Britain and Northern Ireland and the Canadian Provinces or Territories of: Alberta, British Columbia, Manitoba, New Brunswick, Northwest Territories, Nunavut, Newfoundland/Labrador, Nova Scotia, Ontario, Saskatchewan, and the Yukon Territory. C1.1. Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries? No C1.2. If yes, please explain. N/A C2. Has your State established reciprocity with any Tribal courts? No C2.1. If yes, list the Tribes and identify services provided, if less than full services. N/A D. Age of Majority D1. What is the age of majority in your State? 18 years of age. D2. What is the statutory citation for the age of majority? Civil Code Article 29. For Additional Information - http://www.legis.state.la.us/lss/lss.asp?doc=109928 D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. Louisiana Revised Statutes 9:315.22(C)allows for child support to be paid for a child over the age of majority if the child is unmarried, a full time student in good standing in a secondary school, and dependent on either parent. D4. Does the date of the order impact what law is applied? No D4.1. If yes, please explain. N/A D5. Does child support end if the child leaves the household but does not emancipate? No D5.1. Optional comments regarding emancipation. N/A D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? Yes D6.1. If yes, please explain. - 18 year old who is a full-time student in good standing at a secondary school and is dependent on either parent; - a developmentally disabled child up to age 22; - a child placed under continuing tutorship by the court. D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? No D7.1. If yes, please describe the procedure. N/A E. Statute of Limitations E1. What is your State's statute of limitations for collection of past due support? Child support does not commence to prescribe, or run, until the child reaches his/her eighteenth (18th) birthday, the age of majority. Therefore, the statute of limitations on the past due support is ten (10) years from the age of majority, if there has been no interruption of the prescription. Each payment of child support made pursuant to the judgment ordering support, including those payments made through income assignment orders, seizures, or tax intercepts shall interrupt prescription.(LA Revised Statutes 13:4291; LA Civil Code Article 3501.1) E2. What is your State's statute of limitations for paternity establishment? There is no statute of limitations for a child to establish paternity except that the child must establish paternity within 1 year of the death of an alleged father. (LA Civil Code Article 197) A man may commence an action to establish his paternity at any time. However, if the child is presumed to be the child of another man, the action shall be commenced within 1 year from the birth of the child. If the mother acted in bad faith, the action shall be commenced within 1 year from the day the father knew or should have known of the birth of the child or within 10 years of the birth of the child, whichever first occurs. (LA Civil Code Article 198) For Additional Information - http://www.legis.state.la.us/lss/lss.asp?doc=109232 E3. Is dormancy revival/renewal possible? Yes  E3.1. Please explain the circumstances when possible, and the length of time possible. A judicial mortgage or lien that has been properly recorded must be reinscribed (revived) before the expiration of 10 years from the date it was recorded. (LA Revised Statutes 9:5502 effective until June 30, 2006; effective January 1, 2006 LA Civil Code Articles 3362-3364) F. Support Details F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? Shared income model. For Additional Information - No Link Provided F2. Does your State charge interest on missed arrears? No F2.1. If yes, please indicate the amount of interest charged and any related conditions. N/A F3. Does your State charge interest on retroactive support? No F3.1. If yes, please indicate the amount of interest charged and any related conditions. N/A F4. Does your State charge interest on adjudicated arrears? No F4.1. If yes, please indicate the amount of interest charged and any related conditions. N/A For Additional Information - No Link Provided F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? Yes   F5.1. If yes, under what circumstances? However, the amount of the uninsured portion of the medical bill must be reduced to a judgment. F6. Does your state elect to recover costs or charge fees in your IV-D State Plan? Yes F6.1. If yes, what costs are recovered from/fees charged to the obligee? A one time application fee of $25 for NA application; Federal and State tax offset fees; parent locate only fees. An annual $25 fee for successful collection will be imposed in each case where an individual has never received FITAP assistance and for whom the State has collected at least $500 in support in a federal fiscal year. F6.2. What costs are recovered from/fees charged to the obligor? The court may order the obligor to pay court costs and/or reimburse the cost of genetic testing fees. The court may order an administrative court fee of 5%. F7. Does your State recover costs on behalf of the initiating State? Yes F7.1. Optional comments regarding recovering of initiating State's fees. Genetic testing costs. F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. Children's Code Articles 1302.1 and 1302.2 (UIFSA Long-arm Provisions) LA R.S. 13:3201 et. seq. For Additional Information - http://www.legis.state.la.us/lss/lss.asp?doc=72799 F9. Does your State establish, enforce, or modify spousal maintenance orders? Yes F9.1. If yes, under what circumstances? Spousal support is not established but is enforced in conjunction with a child support order. F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? No F10.1. Optional comments regarding required information on spouse or partner. However, the information may be helpful, as under state guidelines law, the court may consider the benefit of expense sharing. F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance? An annual $25 fee for successful collection will be imposed in each case where an individual has never received FITAP assistance and for whom the State has collected at least $500 in support in a federal fiscal year. F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? Yes. F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? The Custodial Party is responsible for payment of the mandatory annual fee. F11.3. Does your State collect the fee from the absent parent? No. F11.4. Does your State pay the fee out of its own funds? No. F12. When will your State implement the required DRA limited-assignment provision? October 1, 2009 F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? No. F13.1. If yes, provide the date. F14. Will your State participate in the pass through in Former Assistance cases? No. F14.1. If yes, provide the date. F15. Will your State discontinue eligible assignments under the DRA of 2005? Undetermined at this time. F15.1. If yes, list the eligible assignments your State would discontinue. N/A F15.2. When will your State discontinue each type of assignment? Undetermined at this time. F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? PRWORA F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee? Send an OMB Transmittal 1 requesting change of payee. F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee? Send an OMB Transmittal 1 requesting change of payee. F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only? Send an OMB Transmittal 1 requesting change of payee. F17.3. How does your State collect the $25.00 annual fee on never-TANF cases? LA collects the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? G. Income Withholding G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? Income Assignment G2. What specific source of income is not subject to withholding? Supplemental Security Income, VA Disability Benefits. For Additional Information - No Link Provided G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? Yes G3.1. If yes, what are those limits? Withholding for child support cannot exceed 50% of disposable earnings. G4. What is the allowable fee per pay period for processing income withholding payments? $5 per withholding. For Additional Information - http://www.legis.state.la.us/lss/lss.asp?doc=100632 G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? The employer must implement withholding no later than 14 days following service of the notice. G6. What is the date by which an employer must remit amounts withheld from an employee's pay? The employer must forward the amount withheld within seven days. G7. What are your State's procedures for sanctioning employers for not implementing income withholding? The court enters judgment against the payer and direct the issuance of an execution for the total amount the payer failed to withhold or pay over. G8. What is the penalty to an employer for failure to remit payments withheld? Employers can be fined up to $25/day for failing to honor the income assignment, with the penalty not to exceed the support amount that should have been withheld or paid. G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? No   G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. N/A G9.2. Optional comments regarding direct withholding of UI benefits across state lines. The LA Workforce Commission will only accept withholding through a 2-state action. G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? Yes G10.1. Optional comments regarding direct withholding of WC benefits across State lines. If there is a disputed claim or pending settlement, Louisiana should be requested to register the order for enforcement. G11. How does an obligor contest income withholding in your State? The obligor must file a petition to stay service with the clerk of the court within 15 days of the notice. G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). When two or more orders to withhold income for support are received, the orders are prorated. Current support for all orders must be satisfied before payemnts are applied to any arrears. G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance? Yes G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. LA R.S. 46:236.3 and LA R.S. 13:3881 For Additional Information - http://www.legis.state.la.us/lss/lss.asp?doc=77632 G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? Yes, deductions for the purpose of providing benefits for retirement, medical insurance coverage, life insurance coverage and which amounts are legally due or owed to the employer in the usual course of business at the time the garnishment is served. G14. When does your state require the employer to send notice of an employee's termination? Within 10 days. For Additional Information - No Link Provided G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? No determination. G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? No G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? Yes, see www.expertpay.com. G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? Employer, Bureau of Workers Compensation For Additional Information - No Link Provided G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. Current support is given priority per R.S. 46:236.3 For Additional Information - http://www.legis.state.la.us/lss/lss.asp?doc=100632 H. Paternity H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? No H1.1. If yes, please explain. N/A H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? 99.9% For Additional Information - No Link Provided H3. Optional comments regarding paternity acknowledgment conclusive legislation. In child support, custody, and visitation cases, the acknowledgment of paternity by authentic act is deemed to be a legal finding of paternity and is sufficient to establish an obligation to support the child and to establish visitation without the necessity of obtaining a judgment of paternity. (LA R.S. 9:405) H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? 06/13/2006       H4.1. Were acknowledgments prior to that effective date rebuttable? Yes H4.2. Optional comments regarding paternity acknowledgments prior to that date. N/A H5. Does marriage constitute a rebuttable presumption of paternity? Yes H5.1. If yes, how is the presumption rebutted? The husband is presumed to be the father of children born or conceived during the marriage. This presumption may be rebutted by the filing of a petition for disavowal. H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? No H6.1. If no, briefly explain. It creates a presumption of paternity which may be rebutted. However, the department can obtain child and medical support orders without proving paternity if the father's name is on the child's birth certificate. For Additional Information - http://www.legis.state.la.us/lss/lss.asp?doc=408336 H7. Does your State have any other paternity-related presumptions? No    H7.1. If yes, briefly explain. N/A For Additional Information - No Link Provided H8. Does your State have a putative fathers' registry? Yes H8.1. If yes, what is the name of that entity? Vital Records Registry / Putative Father Registry H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? Yes   H9.1. If yes, please describe any circumstances under which these fees may be waived. Fees are waived for the Louisiana IV-D agency. H10. Is common law marriage recognized in your State? No H10.1. If yes, briefly describe the standard that defines common law marriage. N/A For Additional Information - No Link Provided H10.2. When did your current common law standard go into effect? H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? N/A H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) Under UIFSA proceedings, the physical presence of the petitioner is not required. A party or witness may testify by telephone, or other audiovisual means. H12. Please give the statutory citation for your State's long arm statute and list any special provisions. Children's Code Articles 1302.1 and 1302.2 (UIFSA); LA R.S. 13:3201 et. seq. For Additional Information - http://www.legis.state.la.us/lss/lss.asp?doc=72799 H13. Does your State recover genetic testing costs for other States? Yes H13.1. If so, please explain. When our state is responding to a request for paternity establishment and the father who denied paternity is ordered to pay the cost for genetic testing. H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? Acknowledgment of Paternity or Court Order H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity?   H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? One set of documents is sufficient with individual affidavits of paternity. I. Support Order Establishment I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? Support orders are established through a judicial process. I1.1. If your State can establish under both, under what circumstances would the administrative process be used? N/A I1.2. Under what circumstances would the judicial process be used? N/A I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. N/A For Additional Information - http://www.legis.state.la.us/ I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) 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. For Additional Information - http://www.legis.state.la.us/lss/lss.asp?doc=107373 I3. What criteria for rebutting your presumptive guidelines have been established in your State? Louisiana Guidelines allow the court to deviate from the Guidelines if their application would not be in the best interest of the child or would be inequitable to the parties. For Additional Information - http://www.legis.state.la.us/lss/lss.asp?doc=107374 I4. Will your State establish support orders for prior periods? Yes   I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? The court may order support retroactive to the date of the filing of the petition. I4.2. What information or documentation does your State require to proceed? None. For Additional Information - No Link Provided I4.3. Will your State allow a petition for support when the only issue is retroactive support? No I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. Retroactive to filing of the petition. I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? We can perform the following through the administrative process: license suspension, federal tax offset, seize and intercept (state tax, unemployment compensation benefits, worker's compensation, lottery winnings, asset held in financial institutions, and public and private retirement funds), impose liens, genetic testing, subpoena authority, access to information, require mothers of children born outside of a marriage to sign a Paternity Declaration Form. Yes, our state uses an administrative process for paternity, establishment, modification and the enforcement of child support. For Additional Information - http://www.legis.state.la.us/lss/lss.asp?doc=100629 I6. What is your State's statutory authority for the administrative process? LA R.S. 46:236.15 (Limited Administrative Authority for Certain Paternity and Child Support Actions); LA R.S. 9:315:40 through 9:315:48 (Administrative Suspension of Certain Licenses for Non-payment of Child Support); and LA R.S. 40:34(E)(Vital Records Forms) For Additional Information - http://www.legis.state.la.us/lss/lss.asp?doc=100629 I7. Is there a local State law that allows an interstate administrative subpoena? Yes R.S. 46:236.15(B) For Additional Information - http://www.legis.state.la.us/lss/lss.asp?doc=100629 I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? No. For Additional Information - No Link Provided I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? No I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? No I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? Modification J. Support Enforcement J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both? J1.1. Are your State income tax refund procedures judicial, administrative, or both? Administrative procedure. J2. Is the lien process in your State judicial, administrative or both? Administrative and Judicial. Notice of Interstate Lien should be filed with the Clerk of Court of the parish where it is known or suspected the NCP has property or assets. J2.1. What are the trigger criteria for filing a lien? Any arrearage For Additional Information - http://www.legis.state.la.us/lss/lss.asp?doc=100629 J2.2. Where are your State liens filed? Parish/County J2.3. Does your State charge a fee for filing a lien? Yes   J2.4. If yes, please indicate the amount. $18 Filing fee J.3. Does your State enforce property seizure and sale? Yes J3.1. Are the property seizure and sale procedures judicial, administrative, or both? Both judicial and administrative. J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? State law provides authority for the IV-D agency to administratively seize assets held by the obligor who owes past due support. A notice to freeze the asset is sent to the appropriate entity. After due notice to the obligor that the asset is frozen, the agency can proceed to seize same unless the obligor requests a hearing. If so, the matter is referred to the court. This procedure applies only to assets located in Louisiana. J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support? When case becomes delinquent. J4.2. Does your State's income withholding definition includes amounts in financial institutions? No For Additional Information - No Link Provided J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? No J4.3.1 If yes, who notifies the NCP, the State or financial institution? N/A J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? 30 days after assets are frozen. J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? No minimum delinquency amount. No specified number of months delinquent. No accounts exempted J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? $500.00 For Additional Information - No Link Provided J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? None. J5.3. 1. If yes, please provide the time frame. N/A J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? No J5.4.1. If yes, please provide the percentage. N/A J5.4.2. Is the percentage different for joint accounts? No J5.4.3. If yes, please define. N/A J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. No J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? N/A J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? 30 days For Additional Information - No Link Provided J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? N/A J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action? The recipient of the notice is not the person identified as owing the child support debt. The total arrears owed are incorrect. The NCP or another person alleges that although the name of the NCP appears on the account, some or all of the funds is the account actually belong to someone else. For Additional Information - No Link Provided J5.10. Is your State's complaint review process judicial, administrative or both? Administrative. J5.11. What are your State's penalties for incorrect seizures? None J5.12. Is the second challenge administrative, judicial or both? N/A J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? 30 days. If an appeal is filed, the IV-D agency will request a court hearing. No recourse for non-debtor (LA is a community property State). J5.14. Is the Freeze and Seize operation in your state centralized or automated? Centralized J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? The State of LA does not routinely freeze checking accounts. J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? No   J5.16.1. If yes, what is the amount? N/A J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? No J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. N/A For Additional Information - No Link Provided J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? Yes For Additional Information - No Link Provided J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? Not determined For Additional Information - No Link Provided J6. Does your State withhold State funds or benefits? Yes J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both? Judicial and administrative: income withholding includes, but is not limited to, wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits, worker's compensation benefits, unemployment insurance benefits, disability insurance benefits, and any other payments made by any person, private entity, federal, state, or local government. J7. Please describe any other administrative enforcement procedures your State may have. Administrative license suspension J8. Please describe any other judicial enforcement procedures your State may have. Contempt of Court J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? If another state wants to register a lien in Louisiana, it should be forwarded to the Clerk of Court in the parish where the NCP and/or property is located. For Additional Information - http://www.legis.state.la.us/ J10. Which of our State's enforcement remedies are available without registration? AEI J11. Describe your State's registration and enforcement procedures. Another state's order is registered in the appropriate court. After registration, the order is enforceable in the same manner as an order issued by this state. J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. Additional judicial procedures may include contempt charges, CNF, etc. J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? No   J13.1. If yes, please provide the statutory citation. N/A For Additional Information - http://www.legis.state.la.us/ J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? Yes J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). N/A J15. Does your State use credit bureau reporting as an enforcement method?   J15. Does your State use credit bureau reporting as an enforcement method? Yes   J16. Provide which credit bureaus your State report an obligor's child support information? J16. Provide which credit bureaus your State report an obligor's child support information? Equifax Transunion Experian J17. Is the method for credit bureau reporting judicial, administrative or both? Administrative J17. Is the method for credit bureau reporting judicial, administrative or both?   J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? Both J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? For initial reporting: a current case must owe twice the current monthly obligation; an arrears only case must have a balance owed of $1000. J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus?   K. Modification and Review/Adjustment K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? Every three years or upon proof of a substantial change in circumstances K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? Upon request of the CP, NCP, or the state in Non-TANF cases, automatically in TANF cases. K3. Briefly describe your State's modification procedure. 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. If the review indicates a change in the amount of child support based on the Guidelines, the matter is scheduled for court. K4. What are your criteria for modification (e.g., $50 or 20% from present order)? For the 3 year review, no change in circumstances is required. Upon review due to a change in circumstances, application of the Guidelines must result in at least a 25% change before the matter is scheduled for court.. K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? K5.1. The earnings of the obligor have substantially increased or decreased. Yes K5.2. The earnings of the obligee have substantially increased or decreased. Yes K5.3. The needs of a party or the child(ren) have substantially increased or decreased. Yes K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. No K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. Yes K5.6. There has been a substantial change in child care expenses. Yes K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? Extraordinary expenses of the child such as special schooling needs. K6. Does your State have cost of living adjustments (COLAs)? No   K6.1. If so, what index does your State use? N/A K7. How does your State credit SSA disability to current and past due support? The Circuit Court of Appeals have issued split opinions when giving credit for SSA disability to current and past due support. K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. No   K8.1. If yes, please explain the situation? N/A K8.2. What is the statutory citation for your abatement law? N/A For Additional Information - No Link Provided K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. N/A K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. State Registrar/Vital Records website www.dhh.louisiana.gov/offices/?ID=252 K9. What information is required to register an out-of-State order for enforcement/modification? 1) Child Support Enforcement Transmittal #1 (requesting registration for enforcement and modification) 2) General Testimony 3) Uniform Support Petition (when requesting modification of an existing order that the responding state did not issue) 4) 2 copies, one of which is a certified copy, of the order to be reviewed (if the responding state did not issue the order) 5) Registration Statement L. Lump Sum Payments L1. Does your State define a lump sum payment? No     L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? N/A L1.2 Provide the statutory citation. N/A For Additional Information - No Link Provided L2. Does your State law require employers to report lump sum payments? No L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. N/A For Additional Information - No Link Provided L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? No L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? N/A L4. How are employers instructed to report a pending lump sum? Louisiana Notice of Income Assignment-Lump Sum is sent to the employer. L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. Instructions for withholding and payment of the lump sum are included in the Notice of Income Assignment-Lump Sum sent to the employer. L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? Employers are instructed to send all payments to Support Enforcement Services (SES). Disbursement to the custodial parent is handled by SES in accordance with 454B of the Social Security Act. L7. Does your State use the income withholding order to attach the lump sum payment? Yes L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? Specifically to cover the lump sum. L8. Does your State use the lien/levy process to attach the lump sum payment? No L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? N/A L9. What other documents does your State use to attach lump sum payments? Income Withholding Notice L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? No L10.1 If yes, what are those limits? N/A For Additional Information - No Link Provided L10.2 If no, what percentage is the employer required to withhold? 100% of lump sum payment up to the amount of arrears. L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? No L11.1 If yes, would the employer only withhold for that period's obligation? N/A M. Insurance Match M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf M1.1. Additional information on the CCPA. For Additional Information - http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? No   M2.1. If yes, provide the statutory citation N/A For Additional Information - No Link Provided M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. N/A M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. N/A M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? N/A M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. No M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). N/A M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). N/A M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. N/A For Additional Information - No Link Provided M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law? N/A M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? Yes. For Additional Information - No Link Provided M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? No M3.1. Please provide the statutory citation. N/A For Additional Information - No Link Provided M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). Louisiana has contracted with the Child Support Lein Network (CSLN) for this process. M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? The child support agency makes the notification through CSLN. M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. LA R.S. 46:236.15(D) For Additional Information - http://www.legis.state.la.us/lss/lss.asp?doc=100629 M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation. 30 For Additional Information - http://www.legis.state.la.us/lss/lss.asp?doc=100629 M6. Are there attorney fees associated with the insurance intercept activity? No M7. How does another State initiate and intercept collections from your State Workers Compensation agency? The LA Workforce Commission requires a two state process. M7.1. What is the process, the points of contact, and what forms must be completed? Send an OMB Transmittal 3 through the LA Central Registry. Dedicated To Enforcing Your Support Order.
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