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Regular Session, 2013
HOUSE CONCURRENT RESOLUTI ON NO. 32
BY REPRESENTATIVES GREENE AND FOIL
A CONCURRENT RESOLUTI ON
To urge and request the Louisiana State Law Institute to review the child support guidelines,
the laws governing the application of the guidelines to children with developmental
disabilities, and the laws regarding custody and visitation for developmentally
disabled adult children, and to report its findings and recommendations in the form
of specific proposed legislation to the Louisiana Legislature no later than February
1, 2014.
WHEREAS, Louisiana recognizes that child support is a continuous obligation of
both parents, that children are entitled to share in the current income of both parents, and that
children should not be the economic victims of divorce or out-of-wedlock birth; and
WHEREAS, Louisiana utilizes child support guidelines to determine the amount of
the child support award, but the court is authorized to deviate from the guidelines if their
application would not be in the best interest of the child or would be inequitable to the
parties; and
WHEREAS, R.S. 9:315.22 provides for an automatic termination of a child support
award when the child attains the age of majority; and
WHEREAS, R.S. 9:315.22(D) provides for an extension of child support until the
age of twenty-two when the child has a developmental disability and is a full-time student
in a secondary school; and
WHEREAS, there are an increasing number of children with developmental
disabilities, such as the spectrum of autistic children, and their need for therapy programs,
intervention, treatment, and support continues beyond the age of twenty-two; and
WHEREAS, the law currently makes no provision for custody or visitation between
parents and their adult children, even those with disabilities, beyond the age of eighteen; and ENROLLEDHCR NO. 32
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WHEREAS, other states, including Texas, make provisions for the extension of child
support and visitation for developmentally disabled children beyond the age of majority.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the Louisiana State Law Institute to review the child support guidelines, the
law as applied to children with developmental disabilities, and the laws regarding custody
and visitation for developmentally disabled adult children, and consider extending child
support beyond age twenty-two and providing for custody and visitation between those
children and their parents in the event of a divorce.
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted
to the Louisiana State Law Institute and that it report its findings and recommendations in
the form of specific proposed legislation to the Louisiana Legislature no later than February
1, 2014.
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE