Louisiana House Bill HB204

Louisiana 2015 Regular Session

• Introduced: 3/30/15
• Refer: 3/30/15
• Refer: 4/13/15
• Report Pass: 4/28/15
• Engrossed: 5/5/15
• Refer: 5/6/15
• Report Pass: 5/19/15
• Enrolled: 6/11/15
• Chaptered: 7/1/15
• Passed: 7/1/15

Caption

Provides relative to adult children with disabilities (EN INCREASE GF EX See Note)

Impact

The bill's enactments clarify that courts have the jurisdiction to address child support cases involving adult children with disabilities, ensuring that they remain accessible for modifications and enforcement of support obligations. Additionally, it allows courts to consider the living circumstances and financial capabilities of the obligor when determining support amounts. This is particularly significant as it introduces the possibility of long-term financial support for adult children who may require ongoing assistance throughout their lives, thereby altering existing norms in child support law.

Summary

House Bill 204, sponsored by Representatives Foil and Nancy Landry, amends several provisions related to child support in Louisiana, particularly focusing on adult children with disabilities. The bill specifically establishes criteria for the awarding of child support for these individuals, confirming that such support may continue beyond the age of majority if the child is incapable of self-support due to an intellectual or physical disability. This legislation comes in the wake of increasing recognition of the financial obligations towards adult children who require substantial care due to their disabilities.

Sentiment

Overall, the sentiment surrounding HB 204 appears favorable, highlighting a growing understanding and acceptance of the needs of families with adult children facing disabilities. Many advocates and lawmakers consider the bill a necessary step towards fairness in the legal system, as it addresses previously overlooked scenarios regarding support obligations. However, there may still be concerns from some quarters regarding the financial burden this could impose on parents and families, indicating a division in perspectives on the bill's broader impacts.

Contention

While there appears to be widespread support for the intent of the bill, there are nuances that have generated discussion. Some critics argue that financial obligations could become a long-lasting burden on families, especially if support responsibilities extend indefinitely. Others worry about the specific language in the bill regarding what constitutes a disability and the definitions of care that might lead to legal challenges. The exclusion of substance abuse from qualifying for support raises questions and could spark further debate on the adequacy of the bill in addressing all forms of disability.