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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 475
BY SENATOR QUINN
CRIME/PUNISHMENT. Provides relative to failure to pay child support obligation.
(8/15/10)
AN ACT1
To amend and reenact R.S. 14:75(B), (C)(1) and (2), relative to the crime of failure to pay2
child support obligation; to provide for elements of the crime; to provide for3
penalties; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 14:75(B), (C)(1) and (2) are hereby amended and reenacted to read6
as follows: 7
ยง75. Failure to pay child support obligation8
* * *9
B. It shall be unlawful for any obligor to intentionally fail to pay a support10
obligation for any child who resides in the state of Louisiana, if such obligation has11
remained unpaid for a period longer than one year or is greater than five thousand12
dollars.13
C.(1) For a first offense, the penalty for failure to pay a legal child support14
obligation shall be a fine of not more than five hundred dollars or imprisonment for15
not more than six months, or both. no less than five percent of the outstanding16
child support obligation, plus reasonable attorney fees, paid to the obligee.17 SB NO. 475
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Additionally, the court may order imprisonment for not more than six months,1
which may include home incarceration for the purpose of allowing the obligor2
to work.3
(2) For a second or subsequent offense, the penalty for failure to pay a legal4
child support obligation shall be a fine of not more than twenty-five hundred dollars5
or imprisonment with or without hard labor for not more than two years, or both. not6
less than ten percent of the outstanding child support obligation, plus7
reasonable attorney fees, paid to the obligee. Additionally, the court may order8
imprisonment with or without hard labor for not less than seven days but not9
more than two years. Any sentence of imprisonment after the seven days may10
include home incarceration for the purpose of allowing the obligor to work.11
* * *12
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michael Bell.
DIGEST
Quinn (SB 475)
Present law provides that it will be unlawful for any obligor to intentionally fail to pay a
support obligation for any child who resides in the state of Louisiana, if such obligation has
remained unpaid for a period longer than one year or is greater than five thousand dollars.
Proposed law provides that it will be unlawful for any obligor to intentionally fail to pay a
support obligation for any child who resides in the state of Louisiana.
Present law provides that on a first offense, the penalty for failure to pay a legal child
support obligation is a fine of not more than $500 or imprisonment for not more than six
months, or both.
Proposed law provides that on a first offense, the penalty for failure to pay a legal child
support obligation will be a fine of no less than five percent of the outstanding child support
obligation, plus reasonable attorney fees, paid to the obligee. Additionally, the court may
order imprisonment for not more than six months, which may include home incarceration
for the purpose of allowing the obligor to work.
Present law provides that on a second or subsequent offense, the penalty for failure to pay
a legal child support obligation will be a fine of not more than $2,500 or imprisonment with
or without hard labor for not more than two years, or both.
Proposed law provides that on a second or subsequent offense, the penalty for failure to pay
a legal child support obligation will be a fine of not less than 10% of the outstanding child
support obligation, plus reasonable attorney fees, paid to the obligee and the deadbeat parent
will be imprisoned with or without hard labor for not less than seven days but not more than
two years. Proposed law further provides that any sentence of imprisonment after the
minimum seven days may include home incarceration for the purpose of allowing the SB NO. 475
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
obligor to work.
Effective August 15, 2010.
(Amends R.S. 14:75(B), (C)(1) and (2))