RDCSB489 3645 4550
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)]
SB 489 Engrossed 2022 Regular Session Jackson
Present law provides that in or ancillary to any action to make past-due child support
executory, in an action for contempt of court for failure to comply with an order of support,
or in a criminal neglect of family proceeding, the court on its own motion or upon motion
of an obligee or the Dept. of Children and Family Services shall, unless the court determines
good cause exists, issue an order of suspension of a license or licenses of any obligor who
is not in compliance with an order of child support. The court shall give specific written and
oral reasons supporting its determination of good cause.
Proposed law provides that in such actions, the court may, rather than shall, order the
suspension of licenses and removes the necessity of a good cause finding to avoid the
suspension of licenses.
Proposed law provides that the court shall not issue an order for a suspension of a license
unless it finds that a properly issued immediate income assignment or garnishment of wages
did not result in the withholding or seizure of income and the obligor has not otherwise made
payment toward the obligation of child support.
Proposed law further provides that if an obligor's failure to appear or failure to comply with
an order of support is due to incarceration, the court shall not suspend the obligor's license.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 9:315.32(A))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the engrossed bill:
1. Provide that the court may, rather than shall, order the suspension of licenses in
actions to make past-due child support executory, actions for contempt of court
for failure to comply with an order of support, or in a criminal neglect of family
proceeding.
2. Remove the necessity of a good cause showing to avoid the suspension of
licenses.
3. Provide for the suspension of licenses only after an immediate income
assignment or garnishment of wages did not result in the withholding or seizure
of income and the obligor has not otherwise made payment toward the obligation
of child support.
4. Provide that incarceration shall not cause the suspension of the obligor's license.
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