HLS 18RS-1537 ORIGINAL
2018 Regular Session
HOUSE BILL NO. 838
BY REPRESENTATIVE JAY MORRIS
CHILDREN/SUPPORT: Provides relative to the suspension of child support obligations for
persons who are incarcerated
1 AN ACT
2To enact R.S. 9:311(G), to repeal Children's Code Article 1353(G), R.S. 9:311.1 and 315.27,
3 R.S. 13:4611(1)(d)(iii), R.S. 46:236.6(B)(4) and 236.7(C)(4), to repeal R.S.
4 9:311(A)(2) and (D) and 315.11(A) and (C) as amended and reenacted by Act No.
5 264 of the 2017 Regular Session of the Legislature, and to repeal Sections 5, 6, and
6 7 of Act No. 264 of the 2017 Regular Session of the Legislature, relative to child
7 support; to provide relative to child support obligations; to repeal provisions relative
8 to incarceration of the obligor; to repeal procedures for the temporary modification
9 of suspension of child support orders; to repeal notice requirements; to repeal
10 provisions relative to the defense to contempt of court; and to provide for related
11 matters.
12Be it enacted by the Legislature of Louisiana:
13 Section 1. R.S. 9:311(G) is hereby enacted to read as follows:
14 ยง311. Modification of support; material change in circumstances; periodic review
15 by Department of Children and Family Services; medical support
16 * * *
17 G. A modified order for support shall be retroactive to the filing date of the
18 rule for modification.
19 Section 2. Children's Code Article 1353(G) is hereby repealed in its entirety.
20 Section 3. R.S. 9:311.1 and 315.27 are hereby repealed in their entirety.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-1537 ORIGINAL
HB NO. 838
1 Section 4. R.S. 13:4611(1)(d)(iii) is hereby repealed in its entirety.
2 Section 5. R.S. 46:236.6(B)(4) and 236.7(C)(4) are hereby repealed in their entirety.
3 Section 6. R.S. 9:311(A)(2) and (D) and 315.11(A) and (C) as amended and
4reenacted by Act No. 264 of the 2017 Regular Session of the Legislature are hereby repealed
5in their entirety.
6 Section 7. Sections 5, 6, and 7 of Act No. 264 of the 2017 Regular Session of the
7Legislature are hereby repealed in their entirety.
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 838 Original 2018 Regular Session Jay Morris
Abstract: Repeals provisions allowing for temporary modification or suspension of child
support payments owed by an obligor while incarcerated.
Present 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 (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.
Present law adds that a person shall not be considered voluntarily unemployed or
underemployed if that person is incarcerated for more than 180 days.
Present law requires the Dept. of Public Safety and Corrections (DPSC) 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. Further requires DPSC to notify DCFS of those persons
who are in their custody and who may be subject to a child support order.
Present law requires 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 15 calendar days from receipt of notice.
Present law outlines the grounds for the custodial parent to object to modification or
suspension of support, and provides for the process in which the custodial parent may object.
Present law requires 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.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-1537 ORIGINAL
HB NO. 838
Present law permits a court to continue an award of child support that would be otherwise
terminated, if the award was suspended due to the obligor's incarceration. Provides for the
appropriate moving party, depending upon the age of the child once the parent is released
from incarceration. Present law prohibits such a continuation from exceeding a longer
period of time than the award was suspended due to the obligor's incarceration.
Present 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.
Present law is effective Jan. 1, 2019.
Proposed law repeals present law which would have become effective Jan. 1, 2019.
(Adds R.S. 9:311(G); Repeals Ch.C. Art. 1353(G), R.S. 9:311.1 and 315.27, R.S.
13:4611(1)(d)(iii), R.S. 46:236.6(B)(4) and 236.7(C)(4); Repeals R.S. 9:311(A)(2) and (D)
and 315.11(A) and (C) as amended and enacted by Act No. 264 of the 2017 R.S; Repeals
Sections 5, 6, and 7 of Act No. 264 of the 2017 R.S.)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.