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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, 2014
SENATE BILL NO. 85
BY SENATOR MURRAY (On Recommendation of the Louisiana State Law Institute)
FAMILY LAW. Provides for consideration of certain child care expenses for purposes of
child support when the expenses are incurred by a parent receiving job training or education.
(8/1/14)
AN ACT1
To amend and reenact R.S. 9:315.3 and 315.20, relative to the obligation of child support;2
to provide for child care costs; to provide terms and conditions; and to provide for3
related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 9:315.3 and 315.20 are hereby amended and reenacted to read as6
follows:7
§315.3. Net child Child care costs; addition to basic obligation8
A. Net child care costs shall be added to the basic child support obligation.9
The net child care costs are determined by applying the Federal Credit for Child and10
Dependent Care Expenses provided in Internal Revenue Form 2441 to the total or11
actual child care costs.12
B. Reasonable child care expenses incurred by either parent while13
receiving job training or education necessary to obtain employment or enhance14
earning potential may be added to the basic child support obligation unless such15
expenses unreasonably burden the parent paying child support.16
* * *17 SB NO. 85
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words in boldface type and underscored are additions.
§315.20. Worksheets1
Obligation Worksheet A2
(The worksheet for calculation of the total support obligation3
under R.S. 9:315.8 and 315:10)4
5
Court _________________________6
Case Number ___________________7
______________________________8
Petitioner 9
Parish ___________________Louisiana
Div/CtRm ________________________
_________________________________
Respondent
Children Date of Birth10
______________________________11
______________________________12
______________________________13
Children Date of Birth
_________________________________
_________________________________
_________________________________
14
15 A.
Petitioner
B.
Respondent
C.
Combined
1.MONTHLY GROSS INCOME (R.S. 9:315.2(A))16
a. Preexisting child support payment.17
b. Preexisting spousal support payment.18
$
-
-
$
-
-
2.MONTHLY ADJUSTED GROSS19
INCOME (Line 1 minus 1a and 1b). 20 $ $
3.COMBINED MONTHLY ADJUSTED21
GROSS INCOME (Line 2 Column A plus22
Line 2 Column B). (R.S. 9:315.2(C))23 $
4.PERCENTAGE SHARE OF INCOME24
(Line 2 divided by line 3). (R.S.25
9:315.2(C))26 % % SB NO. 85
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A.
Petitioner
B.
Respondent
C.
Combined
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
5.BASIC CHILD SUPPORT1
OBLIGATION (Compare line 3 to Child2
Support Schedule). (R.S. 9:315.2(D))3 $
a.Net Child Care Costs (Cost minus4
Federal Tax Credit). (R.S. 9:315.3)5
b.Child's Health Insurance Premium6
Cost. (R.S. 9:315.4)7
c.Extraordinary Medical Expenses8
(Uninsured Only). (Agreed to by9
parties or by order of the court). (R.S.10
9:315.5)11
d.Extraordinary Expenses (Agreed to by12
parties or by order of the court). (R.S.13
9:315.6)14
e.Optional. Minus extraordinary15
adjustments (Child's income if16
applicable). (R.S. 9:315.7)17
+
+
+
+
-
6.TOTAL CHILD SUPPORT18
OBLIGATION (Add lines 5, 5a, 5b, 5c,19
and 5d; Subtract line 5e).(R.S. 9:315.8)20 $
7.EACH PARTY'S CHILD SUPPORT21
OBLIGATION (Multiply line 4 times line22
6 for each parent).23 $ $ SB NO. 85
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A.
Petitioner
B.
Respondent
C.
Combined
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
8.DIRECT PAYMENTS made by the1
noncustodial parent on behalf of the child2
for work-related net child care costs,3
health insurance premiums, extraordinary4
medical expenses, or extraordinary5
expenses.6 -
9. RECOMMENDED CHILD SUPPORT7
ORDER (Subtract line 8 from line 7).8 $
9
Comments, calculations, or rebuttals to schedule or adjustments if made under 8 above or10
if ordering a credit for a joint custodial arrangement:11
Prepared by Date 12
Obligation Worksheet B13
(The worksheet for calculation of the total child support14
obligation under R.S. 9:315.9)15
Court 16
Case Number17
18
Petitioner19
Parish Louisiana
Div/CtRm
Respondent
Children Date of Birth20
21
22
23
Children Date of Birth SB NO. 85
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
1 A.
Petitioner
B.
Respondent
C.
Combined
1.MONTHLY GROSS INCOME (R.S. 9:315.2(A))2
a. Preexisting child support payment.3
b. Preexisting spousal support payment.4
$
-
-
$
-
-
2.MONTHLY ADJUSTED GROSS5
INCOME (Line 1 minus 1a and 1b). 6 $ $
3.COMBINED MONTHLY ADJUSTED7
GROSS INCOME (Line 2 Column A8
plus Line 2 Column B) (R.S.9
9:315.2(C))10 $
4.PERCENTAGE SHARE OF INCOME11
(Line 2 divided by line 3) (R.S.12
9:315.2(C))13 % %
5.BASIC CHILD SUPPORT14
OBLIGATION (Compare line 3 to Child15
Support Schedule) (R.S. 9:315.2(D))16 $
6.SHARED CUSTODY BASIC17
OBLIGATION (Line 5 times 1.5) (R.S.18
9:315.9(A)(2))19 $
7.EACH PARTY'S THEORETICAL20
CHILD SUPPORT OBLIGATION21
(Multiply line 4 times line 6 for each22
party)(R.S. 9:315.9(A)(2))23 $ $
8.PERCENTAGE with each party (Use24
actual percentage of time spent with25
each party, if percentage is not 50%)26
(R.S. 9:315.9(A)(3))27 % % SB NO. 85
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A.
Petitioner
B.
Respondent
C.
Combined
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
9.BASIC CHILD SUPPORT1
OBLIGATION FOR TIME WITH2
OTHER PARTY (Cross Multiply line 73
for each party times line 8 for the other4
party) (R.S. 9:315.9(A) (3)) (For Line 95
Column A, multiply Line 7 Column A6
times Line 8 Column B) (For Line 97
Column B, multiply Line 7 Column B8
times Line 8 Column A)9 $ $
a.Net Child Care Costs (Costs minus10
Federal Tax Credit) (R.S. 9:315.3)11 +
b.Child's Health Insurance Premium12
Cost (R.S. 9:315.4)13 +
c.Extraordinary Medical Expenses14
(Uninsured only) (Agreed to by15
parties or by order of court (R.S.16
9:315.5)17 +
d.Extraordinary Expenses (Agreed to18
by parties or by order of the court)19
(R.S. 9:315.6)20
e.Optional: Minus extraordinary21
adjustments (Child's income if22
applicable) (R.S. 9:315.7)23
+
-
10. TOTAL24
EXPENSES/EXTRAORDINARY25
ADJUSTMENTS (Add lines 9a, 9b, 9c,26
and 9d; Subtract line 9e)27 $ SB NO. 85
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A.
Petitioner
B.
Respondent
C.
Combined
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
11. EACH PARTY'S PROPORTIONATE1
SHARE of Expenses/Extraordinary2
Adjustments (Line 4 times line 10) (R.S.3
9:315.9(A)(4))4 $ $
12. DIRECT PAYMENTS made by either5
party on behalf of the child for work-6
related net child care costs, health7
insurance premiums, extraordinary8
medical expenses, or extraordinary9
expenses. Deduct each party's10
proportionate share of an expense owed11
directly to a third party. If either parent's12
proportionate share of an expense is13
owed to the other parent, enter zero.14
(R.S. 9:315.9(A)(5))15 - -
13. EACH PARTY'S CHILD SUPPORT16
OBLIGATION (Line 9 plus line 11 and17
minus line 12) (R.S. 9:315.9(A)(4) and18
(5))19 $ $
14. RECOMMENDED CHI LD SUPPORT20
ORDER (Subtract lesser amount from21
greater amount in line 13 and place the22
difference in the appropriate column)23
(R.S. 9:315.9(A)(6))24 $ $
25
Comments, calculations, or rebuttals to schedule or adjustments:26
Prepared by Date27 SB NO. 85
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
* * *1
The original instrument was prepared by Julie J. Baxter. The following digest,
which does not constitute a part of the legislative instrument, was prepared by
Linda Nugent.
DIGEST
Murray (SB 85)
Present law provides for the calculation of net child care costs as it applies to the basic child
support obligation.
Proposed law allows the definition of child care costs to include the reasonable child care
expenses incurred by either parent while receiving job training or education necessary to
obtain employment or enhance earning potential when calculating the basic child support
obligation.
Present law provides worksheets for calculating total child support obligation.
Proposed law provides worksheets for the calculation of total child support obligation
including the application of the new definition of child care costs.
Effective August 1, 2014.
(Amends R.S. 9:315.3 and 315.20)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Specifies that the definition of child care costs are to be reasonable.