RÉSUMÉ DIGEST
ACT 772 (SB 489) 2022 Regular Session Jackson
Prior law provided that in or ancillary to any action to make past-due child support
executory, 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. Prior law further required the court to give
specific written and oral reasons supporting its determination of good cause which shall
become a record of the proceeding.
New law changes prior law and provides that in such actions the court may order the
suspension of a license or licenses and removes the requirement for a good cause finding to
issue the order of suspension.
New law provides that the court shall not order the 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.
Existing law provides that an order suspending a license to operate a motor vehicle may
provide specific time periods for the suspension at the court's discretion. New law retains
existing law.
Existing law provides that in or ancillary to any child support or paternity proceeding, the
court on its own motion or upon motion of any party or the Dept. of Children and Family
Services may issue an order of suspension of a license of any person who is guilty of
contempt of court for failure to comply with a subpoena or warrant. New law retains existing
law.
Existing law provides that before the issuance of an order for a suspension of a license of
any person in, or ancillary to, any paternity proceeding where paternity has not yet been
established, the court shall notify such person by personal service. New law retains existing
law.
New law 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 June 18, 2022.
(Amends R.S. 9:315.32(A))