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 449 Engrossed 2021 Regular Session Wilford Carter
Abstract: Provides for the procedures related to suspension and reduction of a child support order
for an incarcerated obligor.
Present law (R.S. 9:311) provides that in cases where the Dept. of Children and Family Services
("DCFS") is providing support enforcement services, if the best interest of the child so requires,
DCFS shall request a judicial review upon request of either party or on DCFS's own initiative.
Proposed law retains present law and further provides that DCFS shall request a judicial review upon
request of either party or DCFS's own initiative when a party is incarcerated or when the child
support award is reduced pursuant to proposed law provisions relative to the reduction of a child
support obligation during the obligor's incarceration.
Present law provides that a material change in circumstances need not be shown to suspend or
modify a child support award pursuant to present law.
Proposed law instead provides that a material change in circumstances need not be shown to modify
a child support award previously reduced pursuant to proposed law after an obligor's incarceration
or to modify the award upon the incarceration of either party.
Present law (R.S. 9:311.1) provides for the temporary suspension of a child support order due to an
obligor's incarceration for more than 180 days.
Proposed law removes present law provisions for suspension and instead provides for the reduction
of child support to the minimum support obligation provided by present law during the obligor's
incarceration, and includes cases in which the obligor is sentenced to 180 days or more with or
without hard labor. Proposed law provides that the support order shall remain at the reduced
obligation until modified by subsequent court order.
Present law requires the Dept. of Public Safety and Corrections (DPSC) or the sheriff to notify DCFS
of any person in their custody that may be subject to a child support order at least six months before
the inmate is scheduled to be released from incarceration.
Proposed law retains present law, but requires the time frame for the notification period to be
determined by an interagency agreement between DCFS and DPSC.
Present law requires DCFS to provide notice to the custodial party by certified mail, return receipt requested that a child support obligation will be suspended.
Proposed law instead requires DCFS to provide notice by regular mail.
Present law requires DCFS to include in the notice a statement that the child support order shall be
suspended unless the custodial party objects within 15 days upon certain grounds including that the
obligor is incarcerated for an offense against the custodial party or the child subject to the order of
child support.
Proposed law repeals present law.
Present law provides that if the custodial party does not object, the suspension shall become effective
when DCFS files an affidavit with the court.
Proposed law repeals present law.
Present law authorizes DCFS or either party to file a motion with the court, upon which the court
shall suspend the child support obligation unless certain conditions exist. Further provides that if the
custodial party makes a timely objection, DCFS shall file a contradictory motion with the court.
Proposed law repeals present law.
Present law provides that unless the terms of the child support order have been modified, the
suspended child support order shall resume at the same terms that existed before the suspension.
Proposed law repeals present law and provides that orders suspended pursuant to present law may
be continued by the court after notice and hearing and the amount of support shall be established
using the child support guidelines. Proposed law further provides a limited time period within which
such action may be brought.
Present law provides that the suspension of a child support order shall not affect any past due child
support that has accrued before the effective date of the suspension. Further provides that a party
is not prevented from seeking a suspension or modification of child support under any other
provision of law and that present law shall not apply if a court does not have continuing exclusive
jurisdiction to modify the child support order.
Proposed law retains present law relative to reduction, rather than suspension.
Present law (R.S. 9:315.11) provides that a party shall not be deemed voluntarily unemployed or
underemployed for purposes of calculating a child support obligation if he is or was incarcerated for
180 consecutive days or longer. Proposed law instead provides that a party shall not be deemed
voluntarily unemployed or underemployed if he is incarcerated and is unemployed or underemployed
as a direct result of incarceration.
Proposed law provides cross-references to present law definition of "incarceration". (Amends R.S. 9:311(A)(2), (C)(3), and (D)(2), 311.1, and 315.11(C)(2), and 315.27; Adds R.S.
9:311(D)(3))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill:
1. Remove provisions for the suspension and exceptions to the suspension of a support
obligation during the obligor's incarceration.
2. Add provisions for the reduction of a support obligation during the obligor's
incarceration.
3. Add conditions for which a material change in circumstances need not be shown.
4. Provide for the continuation of support obligations suspended pursuant to present law.
5. Add provisions requiring notice and deadlines for filing certain motions.
6. Remove the special effective date.