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 743 Original 2020 Regular Session Cox
Abstract: Provides relative to the enforcement of orders to pay child support.
Present law provides for the crime of failure to pay child support and defines the crime as the
intentional failure of an obligor to pay a support obligation for any child who resides in the state of
La., if such obligation has remained unpaid for a period longer than six months or is greater than
$2,500.
Present law provides for the following penalties for persons who commit the offense:
(1)For a first offense, the penalty for failure to pay a legal child support obligation shall be a
fine of not more than $500 or imprisonment for not more than six months, or both.
(2)For a second or subsequent offense, the penalty for failure to pay a legal child support
obligation shall be a fine of not more than $2,500 or imprisonment with or without hard labor
for not more than two years, or both.
(3)The penalty for failure to pay a legal child support obligation when the amount of the
arrearage is more than $15,000 thousand dollars and the obligation has been outstanding for
at least one year shall be a fine of not more than $2,500, or imprisonment with or without
hard labor for not more than two years, or both.
Proposed law amends present law to do all of the following:
(1)Decrease the threshold amount of arrearage for which the penalties described in Paragraph
(3) above are applied from $15,000 to $7,000.
(2)Provide that any person convicted of the offense shall, to the extent feasible, be transferred
to a facility with an established work release program and the person shall be eligible to
participate in the program if the person is not otherwise prohibited from participating in the
program.
(3)Provide that the failure to pay for purposes of the crime includes the failure to pay any
portion of a support obligation.
Present law authorizes the Dept. of Children and Family Services (DCFS) to develop and implement
a program of family support in cases in which the state is required by federal law or regulation to provide services designed to enforce, collect, and distribute the support obligation owed by any
person to his child or children and to his spouse or former spouse with whom the child is living if
a support obligation has been established with respect to such spouse or former spouse.
Proposed law requires DCFS, upon receipt of any application for support enforcement services
pursuant to the provisions of present law, to notify the applicant of the applicant's right to initiate
criminal proceedings and shall inform the applicant that the application for services under present
law does not automatically file criminal charges against the person who owes the support obligation.
Proposed law further requires DCFS, upon request of the applicant for support enforcement services,
to provide the applicant with a copy of any child support order obtained or modified pursuant to the
provisions of present law and documentation of all amounts received by or on behalf of the applicant
pursuant to present law and documentation of any amounts that are past due or delinquent.
Present law provides that if a defendant violates the terms of a court order issued pursuant to
provisions of present law requiring the defendant to pay child support to DCFS, a representative of
the child support collection agency as set forth in present law may issue and serve on the defendant
a summons ordering him to appear and show cause before the proper court of competent jurisdiction,
on a date which shall be specified by the court, why he should not be held in contempt of court.
Proposed law amends present law to require, instead of authorize, the issuance of a summons upon
the defendant ordering the defendant to appear and show cause why he should not be held in
contempt of court for violating the terms of the court order.
Proposed law further provides that a defendant's violation of the terms of a court order to pay child
support includes the defendant's failure to pay any portion of the child support obligation.
(Amends R.S. 14:75(C)(2) and (5) and (E) and R.S. 46:236.6(A); Adds R.S. 14:75(C)(6) and R.S.
46:236.1.2(B)(3) and (M))