Basics of Louisiana Child Support Guidelines and Enforcement
Jul 13, 2023 by Britton Evers
The Basics of Louisiana Child Support Guidelines and EnforcementChild support is a financial obligation that a non-custodial parent must pay to the custodial parent for the upkeep and maintenance of the minor child(ren). The support is mainly designed for the non-custodial parent's obligation to provide their portion of basic necessities associated with the child that the custodial parent must pay, such as rent, clothes, electricity, food, gas for transportation, and things of that nature.
Although some exceptions apply, the basic support obligation does not include vacations and gifts, but things llike extracurricular activities, extraordinary medical expenses, tuition, and medical insurance can be factored into raising or lowering the nasic amount. While Louisiana child support guidelines have been established, it can be a complex process to navigate. In this blog post, we'll explore the basics of the Louisiana child support guidelines, including child support calculations, income determination, enforcement mechanisms, and modification.
Child support calculations: Louisiana child support guidelines have been established to ensure that children receive a fair and reasonable amount of financial support from both parents. Child support is calculated based on the non-custodial parent’s percentage of the combined parental income. Once the income of the parties is determined, the guidelines will provide an exact amount of support due by the
non-custodial parent to the custodial parent, and other factors, as mentioned above, can be used to adjust that exact amount.
Income Determination:The amount of child support that a non-custodial parent must pay is determined based on their income. Income can include salary, wages, bonuses, commissions, and other forms of compensation. In addition, income can also include self-employment income, rental income, and investment income. The court may also consider other factors such as the non-custodial parent’s earning capacity, expenses, and living arrangements.
Instigating a Child Support Suit: There are two basic legal mechanisms in which a custodial parent can seek child support. The first is by contacting the Department of Children and Family Services, who will enlist the District Attorney’s office to appoint an attorney to represent the minor child. The second is by hiring a private attorney to represent themselves for their own need for contributions from the non-
custodial parent for the support of the child(ren). There are pros and cons associated with both avenues, and an attorney can assist you in determining what is right for your circumstances.
Enforcement mechanisms: If a non-custodial parent fails to pay child support, various enforcement mechanisms can be used to ensure compliance. Some of the primary enforcement mechanisms include contempt of court, wage garnishment, intercepting tax refunds, suspending driver’s licenses, and placing liens on property. In extreme cases, a non-custodial parent may face criminal charges and penalties.
Modification: Louisiana child support guidelines provide for the modification of child support payments in certain circumstances. If there has been a significant change in the income or living situation of either the non-custodial or custodial parent, a modification of child support may be justified. The court will review the circumstances and determine whether a modification is appropriate.
Conclusion:Child support can be a complex and confusing issue, but it is essential for the well-being of your child. Louisiana child support guidelines are in place to ensure that children receive a fair and reasonable amount of financial support from both parents. Understanding child support calculations, income determination, enforcement mechanisms, and modification can help you navigate the process
more effectively. If you are need of child support, or if you have been served with a lawsuit which seeks support, it is extremely important to understand your rights and obligations. Many family law attorneys offer free consultations which can help explain the law and nature of your case, and we encourage you to seek that assistance prior to moving forward. At Rozas & Associates, we have the knowledge and
experience that can guide you through the legal process, and we would like to have the opportunity tohelp you!
** DISCLAIMER ** Please be advised that as of now our firm has not been retained for any legal services or representation; therefore nothing on this post should be considered legal advice This content is informational and intended for marketing purposes ONLY.