DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 680 Reengrossed 2017 Regular Session Marino
Abstract: Provides for the modification or suspension of child support under certain circumstances
when an obligor is incarcerated for 180 days or more.
Proposed law provides for the temporary modification or suspension of a child support order due to
an obligor's incarceration of more than 180 days. Requires the Dept. of Children and Family
Services, once it is notified that an individual subject to support enforcement services is being
incarcerated, to verify that none of the following exceptions exist:
(1)The incarceration is pursuant to an intentional failure to pay a child support obligation.
(2)The obligor has the means to pay support while incarcerated.
(3)The obligor is incarcerated for an offense against the custodial party or the child subject to
the support order.
Proposed law adds that a person shall not be considered voluntarily unemployed or underemployed
if that person is incarcerated for more than 180 days.
Proposed law requires the Dept. of Public Safety and Corrections or the sheriff in certain
circumstances to distribute information to every person in a prison facility regarding the suspension
of child support, including information specific as to what may constitute a material change in
circumstances.
Proposed law requires the Dept. of Children and Family Services to provide notice to the custodial
party by certified mail that the child support obligation will be suspended (if none of the exceptions
exist) unless the custodial party objects no later than fifteen calendar days from receipt of notice.
Proposed law outlines the grounds for the custodial parent to object to modification or suspension
of support, and provides the means required for the custodial parent to object.
Proposed law requires the Dept. of Children and Family Services to file an affidavit with the court
having jurisdiction over the order of child support and provides for the mandatory contents of the
affidavit.
Proposed law permits a court, at its discretion and upon motion of any party, to continue an award
of child support that would be otherwise terminated, if the award was suspended due to the obligor's incarceration. Proposed law prohibits such a continuation from exceeding a longer period of time
than the award was suspended due to the obligor's incarceration.
Provides that proposed law does not apply if a court does not have continuous exclusive jurisdiction
to modify the order pursuant to the Uniform Interstate Family Support Act.
Effective Jan. 1, 2019.
(Amends R.S. 9:311(A)(2) and (D) and 315.11(A) and (C); Adds Ch.C. Art. 1353(G), R.S. 9:311.1
and 315.22(F), R.S.13:4611(1)(d)(iii), and R.S. 46:236.6(B)(4) and 236.7(C)(4); Repeals R.S.
9:311(G))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Add a requirement that the Dept. of Public Safety and Corrections or the sheriff must
distribute information to every person in a correctional facility regarding the suspension
of child support, including information as to what may constitute a material change in
circumstances.
2. Change proposed notice requirements to require the Dept. of Children and Family
Services to provide notice to the custodial party by certified mail that the child support
obligation will be suspended (if none of the exceptions exist) unless the custodial party
objects no later than fifteen calendar days from receipt of notice.
3. Outline the grounds for the custodial parent to object to modification or suspension of
support, and provides the means required for the custodial parent to object.
4. When no objection is received, require the Dept. of Children and Family Services to file
an affidavit with the court having jurisdiction over the order of child support, and provide
for the mandatory contents of the affidavit.
5. Provide that proposed law does not apply if a court does not have continuous exclusive
jurisdiction to modify the order pursuant to the Uniform Interstate Family Support Act.
6. Provide that when a child support award is suspended due to the obligor's incarceration,
a court may, at its discretion and upon motion of any party, continue the award that
would be otherwise terminated, but the award shall not be continued for a longer period
of time than it was suspended due to the obligor's incarceration.
7. Make technical changes.