ENROLLED
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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
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 unemploymen t 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
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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
1950, including but not limited to unemployment compensation benefits, workers'21
compensation, and other benefits, judgments, settlements, lottery winnings,22
progressive slot machine annuities beginning with the second annuity payment, cash23
gaming winnings, assets held in financial institutions, and public and private24 ENROLLEDHB NO. 481
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are additions.
retirement funds. However, child support overpayments are excluded from recovery1
from unemployment compensation benefits. The provisions of R.S. 13:38812
providing general exemptions from seizure are applicable to the provisions of this3
Subparagraph. After the agency encumbers, intercepts, or freezes any assets set out4
in this Subsection, it shall notify the payor that he has thirty days to advise the5
agency that he wishes to appeal the seizing of said assets. Upon receipt of such6
notice, the agency shall either release the property or schedule a hearing with the7
appropriate court. If the payor fails to file an appeal within thirty days, the agency8
may institute proceedings through administrative process to seize or sell the property9
in accordance with state law.10
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: