HLS 12RS-1050 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 481
BY REPRESENTATIVE PATRICK WILLIAMS
CHILDREN/SUPPORT: Clarifies state law regarding unemployment insurance collections
relative to child support overpayments to align with federal law
AN ACT1
To amend and reenact R.S. 46:236.15(D)(1)(a), relative to the Department of Children and2
Family Services' limited administrative authority for certain paternity and child3
support actions; to clarify state law regarding unemployment insurance collections4
with respect to child support overpayments to comply with federal law; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 46:236.15(D)(1)(a) is hereby amended and reenacted to read as8
follows: 9
ยง236.15. Limited administrative authority for certain paternity and child support10
actions11
* * *12
D. Authority to seize and intercept.13
(1) In cases in which there is a child support arrearage or child support14
overpayment made to a custodial parent, and after notice of such arrearage or15
overpayment has been made by certified or regular mail, personal service, or16
domiciliary service, the agency shall have the administrative authority to:17
(a) Intercept, encumber, freeze, or seize periodic or lump sum payments18
from a state or local agency or any entity licensed or permitted by any state agency19
or board under Chapters 1, 4, 5, or 7 of Title 27 of the Louisiana Revised Statutes of20 HLS 12RS-1050 ORIGINAL
HB NO. 481
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
1950, including but not limited to unemployment compensation benefits for the1
limited purpose of child support arrearages only, workers' compensation, and other2
benefits, judgments, settlements, lottery winnings, progressive slot machine annuities3
beginning with the second annuity payment, cash gaming winnings, assets held in4
financial institutions, and public and private retirement funds. The provisions of R.S.5
13:3881 providing general exemptions from seizure are applicable to the provisions6
of this Subparagraph. After the agency encumbers, intercepts, or freezes any assets7
set out in this Subsection, it shall notify the payor that he has thirty days to advise8
the agency that he wishes to appeal the seizing of said assets. Upon receipt of such9
notice, the agency shall either release the property or schedule a hearing with the10
appropriate court. If the payor fails to file an appeal within thirty days, the agency11
may institute proceedings through administrative process to seize or sell the property12
in accordance with state law.13
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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)]
Patrick Williams HB No. 481
Abstract: Clarifies state law relative to the recovery of child support overpayments from
unemployment insurance to comport with federal law.
Present law in pertinent part, authorizes the Dept. of Children and Family Services to
intercept, encumber, freeze, or seize unemployment compensation benefits in cases where
there is a child support arrearage or child support overpayment made to a custodial parent.
Proposed law clarifies that only child support arrearages can be recovered or deducted from
an individual's unemployment insurance benefits. Specifically, precludes the recovery of
child support overpayments from unemployment insurance benefits.
(Amends R.S. 46:236.15(D)(1)(a))