Louisiana Child Support Laws

Table of Contents

• How is child support calculated in Louisiana?
• How to use the child support worksheet
• What counts as income in Louisiana?
• How to apply for child support
• How to modify child support in Louisiana
• What happens if you do not pay child support?
• When does child support end in Louisiana?
• Termination of parental rights
• Frequently Asked Questions

If after reading this you have further questions and would like a consultation, you can get a free case consultation from a local lawyer here.

How is child support calculated in Louisiana?

Louisiana adopted the “income shares” method to calculate child support. This method works under the principle that both parents have a legal obligation to provide care and financial support to their children.

The court considers gross income from all sources, including:

• Wages, salaries, and commissions
• Bonuses and dividends
• Pensions and annuities
• Capital gains
• Self-employment income
• Unemployment and disability benefits

Louisiana’s schedule of basic child support obligations is found in La. Rev. Stat. 9:315.19. The guideline table covers combined parental incomes up to $40,000 per month. For parents earning more than this amount, child support is determined on a case-by-case basis.

Use the official Louisiana Child Support Estimator to calculate your potential obligation.

How to use the child support worksheet

Louisiana provides two worksheets for calculating child support:

• Worksheet A: Used when one parent has physical custody most of the time
• Worksheet B: Used for shared custody arrangements (approximately equal time)

Before completing the worksheet, you will need:

• Both parents’ income information
• Health insurance costs for the child
• Work-related child care expenses
• Unreimbursed medical expenses (over $250 per year per child)
• Educational expenses for special needs
• Extraordinary transportation costs between parents

The worksheet adds both parents’ gross incomes, then matches that total to the state’s child support table. Each parent’s share is calculated proportionally based on their contribution to the combined income.

What counts as income in Louisiana?

Louisiana courts consider all forms of gross income when calculating support. If a parent is voluntarily unemployed or underemployed, the court may impute income based on earning capacity.

For example, if a parent has medical training and a license to practice but chooses not to work, the court could calculate support based on what a doctor typically earns.

The court may also impute income based on a parent’s work history to prevent situations where a parent quits a job before divorce proceedings to appear to have no income.

How to apply for child support

Parents who do not receive Medicaid, FITAP, or KCSP pay a non-refundable $25 application fee to the Department of Children and Family Services (DCFS).

Apply for child support services here or call 1-888-524-3578.

DCFS can help with:

• Establishing paternity
• Locating absent parents
• Establishing child support orders
• Collecting and enforcing payments

How to modify child support in Louisiana

Louisiana allows child support modification when there is a “material change in circumstances.” You can pursue modification on your own or with the assistance of an attorney.

To modify support on your own:

1. Fill out and file the Rule to Modify Child Support Form
2. File papers with the clerk of court’s office
3. Provide documentation of changed circumstances

Documentation required includes:

• Proof of current income (pay stubs, tax returns)
• Child care costs
• Health insurance information
• Out-of-pocket medical expenses

Contact DCFS at 1-888-524-3578 or use the self-service portal to request a review.

When modification is presumed appropriate

Under La. Rev. Stat. 9:311, a judge will presume modification is warranted when:

• The support calculation based on current circumstances differs by at least 25% from the existing order
• At least three years have passed since the order was issued or last modified (any difference may warrant modification)

Warning: Filing a frivolous modification request can result in you paying the other party’s attorney fees and court costs. Valid grounds for modification include:

• Disability or serious health condition
• Substantial change in income (increase or decrease)
• Imprisonment
• Bankruptcy

What happens if you do not pay child support in Louisiana?

Louisiana takes child support enforcement seriously. The “Deadbeat Parents Punishment Act” (La. Rev. Stat. 14:75) provides criminal penalties for nonpayment:

Criminal penalties

• First offense: Fine up to $500, imprisonment up to 6 months, or both
• Second or subsequent offense: Fine up to $2,500, imprisonment with hard labor, or both
• Arrears exceeding $15,000 or unpaid for at least one year: Fine up to $2,500, imprisonment with or without hard labor, or both

Most Wanted Delinquent Payors list

If you owe six months of back support or at least $10,000, your name, photograph, address, and occupation may be published on the state’s “Most Wanted” delinquent payors page.

However, the law provides an opportunity to avoid these consequences. If restitution is made before sentencing (except for second or subsequent offenses), the court may suspend all or part of the sentence.

Other enforcement actions

• Vehicle registration suspension
• Wage and income interception
• Driver’s, recreational, and professional license suspension
• Tax refund interception
• Bank account levy
• Contempt of court proceedings

When does child support end in Louisiana?

Child support in Louisiana does not automatically terminate when the child turns 18. Under La. Rev. Stat. 9:315.22, payments continue if the child:

• Is still dependent on either parent
• Is unmarried and still in high school (until age 19)
• Has a developmental disability (payments may continue until age 22)
• Is mentally or physically incapacitated (payments may continue indefinitely)

When the child reaches the “age of majority,” the paying parent must notify the receiving parent or DCFS to formally end payments.

Termination of parental rights in Louisiana

Louisiana allows parents to voluntarily relinquish parental rights, but the standards are strict. If parental rights are terminated:

• You will have no financial obligation to the child
• You will have no say in how the child is raised

Termination typically applies when a child is being adopted. Involuntary termination may occur if the court finds:

• The parent is addicted to drugs
• The parent has committed a serious felony resulting in bodily injury or death
• Abuse, neglect, incest, or other serious misconduct

Emancipation in Louisiana

Minors in Louisiana can seek emancipation through three methods:

1. Marriage (with parental consent)
2. Court hearing
3. Authentic act (notarized document)

To qualify for emancipation, the minor must:

• Be at least 16 years old
• Be financially independent
• Have a legal income source

Note that emancipation does not affect other laws such as the state’s drinking age.

Frequently Asked Questions

Does parenting time affect child support in Louisiana?

Unlike some states, Louisiana does not have a standard parenting time adjustment built into its formula. However, different worksheets apply for sole custody versus shared custody arrangements, which can affect the final support amount.

Can parents agree to waive child support?

Child support is considered a right that belongs to the child, not the parents. While parents can agree on an amount different from the guidelines, a judge must approve any agreement and ensure it serves the child’s best interests.

What if combined income exceeds $40,000 per month?

For parents with combined monthly income exceeding $40,000, child support is determined on a case-by-case basis. The court considers the child’s needs and the parents’ ability to provide support beyond the guideline table.

Is there a statute of limitations on child support in Louisiana?

Child support judgments in Louisiana are enforceable for 10 years from the date they become final. However, you can renew the judgment before it expires to continue enforcement.

If you have additional questions, do not hesitate to get a free consultation from an attorney in your area.

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