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ACT No. 605
Regular Session, 2010
HOUSE BILL NO. 871
BY REPRESENTATIVE HAZEL
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, on a date16
which shall be specified by the court, why he should not be held in contempt of17
court. Prior to or at the hearing, the Department of Social Services or the district18
attorney shall file with the court and serve in open any summons served and a rule19
for contempt which shall be served in open court on the defendant a rule for20
contempt, setting forth the terms of the original court order for child support and all21
modifications thereof, along with the allegations purporting to place the defendant22
in contempt. If the defendant denies the allegations or offers a defense to the rule,23
the court may, upon motion of either party or on its own motion, continue the24 ENROLLEDHB NO. 871
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hearing. In the alternative, a representative of the child support collection agency as1
set forth above may serve on the defendant a rule to show cause why he should not2
be held in contempt for failing to abide by the previous orders of the court, with the3
rule setting forth the same terms as in a rule for contempt, if the representative does4
not serve a summons on the offender. The rule shall contain a specific time, place,5
and date where the offender is to appear and show cause in answer to the rule.6
Hearings tried on rules for contempt or rules to show cause shall be tried in a7
summary manner.8
* * *9
§236.7. Order of support; stipulation by district attorney and party 10
* * *11
B. If a defendant violates the terms of a court order issued pursuant to the12
provisions of R.S. 46:236.7 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(K) 46:236.1.8 may issue and serve on the defendant a summons15
ordering him to appear and show cause before the proper court of competent16
jurisdiction, on a date which shall be specified by the court, why he should not be17
held in constructive contempt of court. Prior to or at the hearing, the Department of18
Social Services or the district attorney shall file with the court any summons served19
and a rule for contempt which shall be and serve served in open court on the20
defendant a rule for contempt, setting forth the terms of the original court order for21
child support and all modifications thereof, along with the grounds for contempt. If22
the defendant denies the allegations or offers a defense to the rule, the court may,23
upon motion of either party or on its own motion, continue the hearing. In the24
alternative, a representative of the department may serve on the defendant a rule to25
show cause why he should not be held in constructive contempt for violating the26
previous order of the court, with the rule setting forth the same terms as in a rule for27
contempt, if the representative does not serve a summons on the offender. The rule28
shall set forth a specific time, place, and date where the offender is to show cause in29 ENROLLEDHB NO. 871
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answer to the rule. Hearings held on rules for contempt or rules to show cause shall1
be tried in a summary manner.2
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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
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: