HLS 10RS-2775 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1362
BY REPRESENTATIVE HARRISON
CHILDREN/SUPPORT: Provides for child support in multiple family support cases
AN ACT1
To amend and reenact R.S. 9:315.8(E)(4) and (5) and to enact R.S. 9:315.8(E)(6), relative2
to child support; to provide for joint custody; to provide for the calculation of a credit3
in certain joint custody child support obligations; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 9:315.8(E)(4) and (5) are hereby amended and reenacted and R.S.6
9:315.8(E)(6) is hereby enacted to read as follows:7
ยง315.8. Calculation of total child support obligation; worksheet8
* * *9
E. "Joint Custody" means a joint custody order that is not shared custody as10
defined in R.S. 9:315.9.11
* * *12
(4) To calculate the amount of credit to be given, the court may use a thirty-13
seven percent multiplier to represent the variable costs incurred by the14
nondomiciliary party when the child is in his physical custody. The thirty-seven15
percent is multiplied by the percentage of time the nondomiciliary party has physical16
custody of the child and that number is then multiplied by the amount of child17
support owed in accordance with line seven of Obligation Worksheet A in R.S.18
9:315.20. The sum of this calculation is the amount of the credit the court may19
deduct from the child support obligation of the nondomiciliary party.20 HLS 10RS-2775 ORIGINAL
HB NO. 1362
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(4) (5) The burden of proof is on the person seeking the credit pursuant to1
this Subsection.2
(5) (6) Worksheet A reproduced in R.S. 9:315.20, or a substantially similar3
form adopted by local court rule, shall be used to determine child support in4
accordance with this Subsection.5
Section 2. The Louisiana State Law Institute is hereby directed to prepare comments6
to the provisions of this Act. 7
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Harrison HB No. 1362
Abstract: Provides for the calculation of a credit in certain joint custody child support
cases.
Present law (R.S. 9:315.8) provides that in a joint custody child support order, if the person
ordered to pay support has physical custody of the child for more than 73 days, the court
may order a credit to the child support obligation.
Present law further provides that the court consider certain factors in determining the amount
of the credit to be given including the amount of time the child spends with that person, the
increase or decrease to the financial burden of each party and the best interest of the child.
Proposed law retains present law and provides a mathematical calculation for the
determination of the credit. Proposed law provides that the court may multiply the
percentage of time the nondomiciliary party has physical custody of the child by 37% and
multiply that by the party's child support obligation in accordance with Obligation
Worksheet A. Proposed law provides that the sum of this calculation is the amount of the
credit the court may deduct from the child support obligation of the nondomiciliary party.
(Amends R.S. 9:315.8(E)(4) and (5); Adds R.S. 9:315.8(E)(6))