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 438 Engrossed 2020 Regular Session Turner
Abstract: Provides for the information provided to a defendant, the grounds for a finding of
contempt, and the ability of the court or the Department of Children and Family Services
(DCFS) to collect overdue support or arrearage owed under a terminated support order in
cases where a defendant is under court order to pay child support to DCFS.
Present law provides that if a defendant violates the terms of a court order requiring him to pay child
support to DCFS, the child support collection agency may issue a rule to show cause or a summons
ordering the defendant to appear and show cause why he should not be held in contempt of court.
Proposed law requires that any rule served on the defendant contain certain information and
establishes grounds for which the court may find a defendant in contempt.
Upon a finding that the accused is guilty of contempt, present law allows the court to impose upon
the defendant a prison sentence not to exceed 90 days or a $500 fine. However, the sentence may be
suspended upon payment of unpaid support included in the order, additional accrued unpaid support,
and court costs, or a lesser amount if recommended by the state attorney or the child support
collection agency.
Proposed law requires that the court shall consider the defendant's present ability to comply before
imposing any sentence under present law.
Proposed law provides that termination of a court order requiring a defendant to pay child support
to DCFS does not abate the power of the court or DCFS to collect any overdue and unpaid support
or arrearage owed under the terminated support order or the power of the court to punish a person
for a failure to comply with a terminated court order.
(Amends R.S. 46:236.6(A), (E), and (F) and 236.7(B) and (F); Adds R.S. 46:236.6(B)(4) and (G)
and 236.7(C)(4) and (G))