Louisiana House Bill HB459

Louisiana 2013 Regular Session

• Introduced: 4/8/13
• Refer: 4/8/13

Caption

Prohibits DCFS from proceeding in a child support matter absent a paternity test

Impact

The implications of HB 459 include a potential reduction in the number of cases where alleged fathers face support orders without first being confirmed as biological parents. This could lead to a more accurate reflection of familial responsibilities and reduce the burden on individuals who might otherwise be wrongly implicated in child support proceedings. The bill also places the onus on DCFS to ensure that paternity tests are conducted prior to initiating any support actions, potentially streamlining case processing while ensuring fairness.

Summary

House Bill 459 establishes a significant change in how the Louisiana Department of Children and Family Services (DCFS) handles child support cases. The bill mandates that DCFS must obtain the results of a paternity test before it can proceed with initiating court orders for child support against an alleged father. This change aims to prevent the establishment of support obligations without confirming biological paternity, thereby protecting individuals from potential wrongful claims.

Sentiment

The sentiment around HB 459 appears to be generally supportive among advocates for fathers' rights and fairness in family law. Proponents argue that prior confirmation of paternity is necessary to prevent unjust financial obligations being placed on individuals. However, some concerns may arise regarding the potential delays in child support enforcement, which could adversely affect custodial parents relying on timely support. As such, there may be mixed feelings about how these procedural changes will impact families in need.

Contention

Notable points of contention surrounding the bill include the possible impact on expediency in child support cases. Critics may argue that requiring a paternity test could prolong the process, leaving custodial parents without necessary financial support in the interim. Additionally, there may be concerns about the administrative burden placed on DCFS to ensure testing is conducted in a timely manner, alongside doubts about how this could affect ongoing child support cases that depend on immediate action.