GREEN SHEET REDIGEST
HB 680 2017 Regular Session Marino
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
CHILDREN/SUPPORT: Provides relative to child support when a parent is
incarcerated
DIGEST
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 DCFS 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 DCFS 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 DCFS 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 DCFS 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 allows DCFS to petition the court to continue a suspended child support award
if the obligor is released from incarceration while the child is still a minor. Proposed law
prohibits the continuation from exceeding the amount of time the award was suspended and
requires the amount of the award to be set using the child support guidelines.
Proposed law allows the custodial party or the child to petition the court within 24 months
of the obligor's release to continue a suspended child support award if the obligor is released
from incarceration after the child has reached the age of majority. Proposed law prohibits the
continuation from exceeding the amount of time the child support award was suspended and
requires the amount of the award to be set using the child support guidelines.
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.
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Prepared by Ashley Menou. (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 315.27, 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
reengrossed bill
1. Changes proposed law requirements for the continuation of a suspended child
support award.
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Prepared by Ashley Menou.