Child Support
Support
Enforcement Services are available for applicants who receive:
- AFDC
- Foster
Care cases, also known as IV-E cases (foster care cases
in which the child received or may have been eligible for
AFDC when he or she was judicially removed from the home)
- Non-IV-E
Medicaid, and
- Non-AFDC
Medicaid
The same
services are also available to applicants who are not on any
of the above forms of assistance and who pay a one-time $25.00
application fee. These cases are called non-AFDC cases.
Additionally, a non-resident applicant who applies for services
through the IV-D agency in his state is also eligible for
assistance from the Louisiana IV-D Program.
IV-D Program
Functions:
There
are six major program services in child support enforcement:
1. Absent
parent location (also known as Parent Locate)
2. Establishment of paternity
3. Establishment of support obligation, including medical
support obligations
4. Collection and distribution of support payments, including
spousal support in conjunction with child support order
5. Enforcement of support obligation, including medical
and spousal
6. Access and visitation
UIFSA
went into effect on January 1, 1996, making Louisiana the
26th state to adopt it. This law is part of a national effort
to streamline the establishment and collection of child support
obligations across state lines. It implements a one order
system, which can be amended and modified as necessary only
by the state which has continuing exclusive jurisdiction.
Louisiana's
new license suspension statutes (La. R.S. 9:315.32 et seq.),
which permits the suspension and/or revocation of various
professional, recreational and driver's licenses are a powerful
new tool in collecting past due child support. For example,
the 29th Judicial District Attorney's office recently collected
$26,500 in past due child support on a single case. After
warnings to the deadbeat dad of license suspension were met
with no response, a warrant was issued and the District Judge
ordered a cash bod in the amount of arrearage. After spending
two days in jail, the defendant was released upon paying in
full. Louisiana Supreme Court Rule 19A renders attorneys
who fail to pay child support, ineligible to practice law
after a contradictory hearing.
The following
is an illustrative list of other remedies available to District
Attorneys in establishing and collecting child support:
- Court
ordered blood testing of alleged fathers
- Income
assignment in both interstate and intrastate cases
- Federal
tax refund offsets
- Louisiana
state tax refund offsets
- Reporting
delinquency information to credit bureaus
- Louisiana
Lottery offset against winnings for child support arrears
- Immediate
income assignment orders are required on all new or modified
orders for child support under La.R.S. 46:236.3; income
can be assigned from: worker's compensation benefits, unemployment
benefits, federal government employees, military personnel
- Bond
sanctions for self-employed parents
The Louisiana
Automated Support Enforcement System or LASES, is a computer
system designed to support the administration and carrying
out of Louisiana's IV-D child support program. It received
a full federal certification in 1996.
Other
federal legislation includes the Child Support Recovery Act
which creates a federal crime for willfully failing to pay
a past due support obligation with respect to a child who
resides in another state. The Full Faith and Credit for Child
Support Orders Act prohibits states from modifying another
states' orders unless certain jurisdictional requirements
are met. The intent of this law is to avoid establishment
of a new order in a case where there is already an existing
order.
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