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Regular Session, 2010
HOUSE BILL NO. 871
BY REPRESENTATIVE HAZEL
CHILDREN/SUPPORT: Provides relative to summonses for contempt for nonpayment of
child support orders or medical support orders
AN ACT1
To amend and reenact R.S. 46:236.6(A) and 236.7(B), relative to summonses for contempt2
for nonpayment of child support orders or medical support orders; to provide for3
authority to issue summonses for contempt; to provide for changes to a statutory4
reference regarding child support collection agencies; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 46:236.6(A) and 236.7(B) are hereby amended and reenacted to read8
as follows: 9
§236.6. Failure to pay support; procedure, penalties and publication10
A. If a defendant violates the terms of a court order, issued pursuant to the11
provisions of R.S. 46:236.1.1 et seq., R.S. 46:236.2 and 236.2, Ch.C. Articles 130112
et seq., or R.S. 13:4241, requiring him to pay child support to the Department of13
Social Services, a representative of the child support collection agency as set forth14
in R.S. 46:236.1.8 may issue and serve on the defendant a summons ordering him to15
appear and show cause before the proper court of competent jurisdiction why he16
should not be held in contempt of court. Prior to or at the hearing, the Department17
of Social Services or the district attorney shall file with the court and serve in open18
court on the defendant a rule for contempt, setting forth the terms of the original19
court order for child support and all modifications thereof, along with the allegations20 HLS 10RS-1466 ENGROSSED
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purporting to place the defendant in contempt. If the defendant denies the allegations1
or offers a defense to the rule, the court may, upon motion of either party or on its2
own motion, continue the hearing. In the alternative, a representative of the child3
support collection agency as set forth above may serve on the defendant a rule to4
show cause why he should not be held in contempt for failing to abide by the5
previous orders of the court, with the rule setting forth the same terms as in a rule for6
contempt, if the representative does not serve a summons on the offender. The rule7
shall contain a specific time, place, and date where the offender is to appear and8
show cause in answer to the rule. Hearings tried on rules for contempt or rules to9
show cause shall be tried in a summary manner.10
* * *11
§236.7. Order of support; stipulation by district attorney and party 12
* * *13
B. If a defendant violates the terms of a court order issued pursuant to the14
provisions of R.S. 46:236.7 requiring him to pay child support to the Department of15
Social Services, a representative of the child support collection agency as set forth16
in R.S. 46:236.1(K) 46:236.1.8 may issue and serve on the defendant a summons17
ordering him to appear and show cause before the proper court of competent18
jurisdiction why he should not be held in constructive contempt of court. Prior to or19
at the hearing, the Department of Social Services or the district attorney shall file20
with the court and serve in open court on the defendant a rule for contempt, setting21
forth the terms of the original court order for child support and all modifications22
thereof, along with the grounds for contempt. If the defendant denies the allegations23
or offers a defense to the rule, the court may, upon motion of either party or on its24
own motion, continue the hearing. In the alternative, a representative of the25
department may serve on the defendant a rule to show cause why he should not be26
held in constructive contempt for violating the previous order of the court, with the27
rule setting forth the same terms as in a rule for contempt, if the representative does28
not serve a summons on the offender. The rule shall set forth a specific time, place,29 HLS 10RS-1466 ENGROSSED
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and date where the offender is to show cause in answer to the rule. Hearings held on1
rules for contempt or rules to show cause shall be tried in a summary manner.2
* * *3
Section 2. This Act shall become effective upon signature by the governor or, if not4
signed by the governor, upon expiration of the time for bills to become law without signature5
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If6
vetoed by the governor and subsequently approved by the legislature, this Act shall become7
effective on the day following such approval.8
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)]
Hazel HB No. 871
Abstract: Specifies parties who are authorized to issue summonses for contempt for
nonpayment of child support orders or medical support orders.
Present law provides that a representative of the child support collection agency may serve
on the defendant a summons ordering him to appear before the proper court.
Proposed law retains present law, but gives the representative of the child support collection
agency authority to issue as well as serve summonses.
Present law provides that only the district attorney may file with the court and serve in open
court on the defendant a rule for contempt.
Proposed law retains present law, but also allows the Dept. of Social Services to file with the
court and serve in open court on the defendant a rule for contempt.
Proposed law removes a reference to a repealed statute (R.S. 46:236.1(K)) and adds a
reference to the appropriate section of present law (R.S. 46:236.1.8).
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 46:236.6(A) and 236.7(B))