HLS 20RS-903 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 743
BY REPRESENTATIVE COX
CHILDREN/SUPPORT: Provides relative to the enforcement of orders to pay child support
1 AN ACT
2To amend and reenact R.S. 14:75(C)(2) and (5) and (E) and R.S. 46:236.6(A) and to enact
3 R.S. 14:75(C)(6) and R.S. 46:236.1.2(B)(3) and (M), relative to enforcement of
4 orders to pay child support; to provide relative to the crime of failure to pay child
5 support; to provide relative to the sentencing of persons convicted of failure to pay
6 child support; to provide relative to the duties of the Department of Children and
7 Family Services with respect to providing of child support enforcement services; to
8 require the Department of Children and Family Services to provide certain
9 information and documentation to an applicant for support enforcement services; to
10 provide that failure to pay child support includes the failure to pay any portion of a
11 child support obligation; and to provide for related matters.
12Be it enacted by the Legislature of Louisiana:
13 Section 1. R.S. 14:75(C)(2) and (5) and (E) are hereby amended and reenacted and
14R.S. 14:75(C)(6) is hereby enacted to read as follows:
15 §75. Failure to pay child support obligation
16 * * *
17 C.
18 * * *
19 (2) For a second or subsequent offense, the penalty for failure to pay a legal
20 child support obligation shall be a fine of not more than twenty-five two thousand
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1 five hundred dollars or imprisonment with or without hard labor for not more than
2 two years, or both.
3 * * *
4 (5) The penalty for failure to pay a legal child support obligation when the
5 amount of the arrearage is more than fifteen seven thousand dollars and the
6 obligation has been outstanding for at least one year shall be a fine of not more than
7 twenty-five two thousand five hundred dollars, or imprisonment with or without hard
8 labor for not more than two years, or both.
9 (6)(a) For any person convicted of this offense and sentenced to the custody
10 of the Department of Public Safety and Corrections, the department shall, to the
11 extent feasible, transfer the person to a facility with an established work release
12 program and the person shall be eligible to participate in the program if the person
13 is not otherwise prohibited from participating in the program.
14 (b)(i) For any person convicted of this offense and sentenced to a parish
15 prison, the person shall be eligible to participate in a work release program
16 administered by the sheriff of the parish or the superintendent of the parish
17 correctional facility if the person is not otherwise prohibited from participating in the
18 program.
19 (ii) For any person convicted of this offense and sentenced to a parish prison
20 or correctional facility without an established work release program, the sheriff or
21 superintendent of the parish prison or correctional facility shall, to the extent
22 feasible, transfer the person to a prison or facility with an established work release
23 program and the person shall be eligible to participate in the program if the person
24 is not otherwise prohibited from participating in the program.
25 * * *
26 E. As used in this Section, the following terms mean:
27 (1) "Fail to pay" includes the failure to pay any portion of a support
28 obligation.
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1 (2) "Obligor" means any person who has been ordered to pay a support
2 obligation in accordance with law.
3 (2)(3) "Support obligation" means any amount determined by a court order
4 or an order of an administrative process pursuant to the law of the state of Louisiana
5 to be due from a person for the support and maintenance of a child or children.
6 * * *
7 Section 2. R.S. 46:236.6(A) is hereby amended and reenacted and R.S.
846:236.1.2(B)(3) and (M) are hereby enacted to read as follows:
9 §236.1.2. Family and child support programs; responsibilities
10 * * *
11 B.
12 * * *
13 (3) Upon receipt of any application for support enforcement services
14 pursuant to the provisions of this Subpart, the Department of Children and Family
15 Services shall notify the applicant of the applicant's right to initiate criminal
16 proceedings and shall inform the applicant that the application for services under this
17 Subpart does not automatically file criminal charges against the person who owes the
18 support obligation.
19 * * *
20 M. Upon request of the applicant for support enforcement services, the
21 Department of Children and Family Services shall provide the applicant with a copy
22 of any child support order obtained or modified pursuant to the provisions of this
23 Subpart and documentation of all amounts received by or on behalf of the applicant
24 pursuant to this Subpart and documentation of any amounts that are past due or
25 delinquent.
26 * * *
27 §236.6. Failure to pay support; procedure, penalties and publication
28 A.(1) If a defendant violates the terms of a court order, issued pursuant to the
29 provisions of R.S. 46:236.1.1 et seq., and 236.2, Children's Code Articles 1301 et
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1 seq., or R.S. 13:4241, requiring him to pay child support to the Department of
2 Children and Family Services, a representative of the child support collection agency
3 as set forth in R.S. 46:236.1.8 may shall issue and serve on the defendant a summons
4 ordering him to appear and show cause before the proper court of competent
5 jurisdiction, on a date which shall be specified by the court, why he should not be
6 held in contempt of court. Prior to or at the hearing, the Department of Children and
7 Family Services or the district attorney shall file with the court any summons served
8 and a rule for contempt which shall be served in open court on the defendant, setting
9 forth the terms of the original court order for child support and all modifications
10 thereof, along with the allegations purporting to place the defendant in contempt. If
11 the defendant denies the allegations or offers a defense to the rule, the court may,
12 upon motion of either party or on its own motion, continue the hearing. In the
13 alternative, a representative of the child support collection agency as set forth above
14 may serve on the defendant a rule to show cause why he should not be held in
15 contempt for failing to abide by the previous orders of the court, with the rule setting
16 forth the same terms as in a rule for contempt, if the representative does not serve a
17 summons on the offender. The rule shall contain a specific time, place, and date
18 where the offender is to appear and show cause in answer to the rule. Hearings tried
19 on rules for contempt or rules to show cause shall be tried in a summary manner.
20 (2) For purposes of this Section, a defendant's violation of the terms of a
21 court order to pay child support includes the failure to pay any portion of the child
22 support obligation.
23 * * *
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.
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HB NO. 743
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.
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HB NO. 743
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))
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