Louisiana Rule for Contempt Nonpayment of Child Support
Description
Understanding Contempt for Nonpayment of Child Support
Contempt of Court occurs when a party fails to comply with a court order. In the context of child support, nonpayment could lead to a contempt ruling, which is serious and can involve penalties including fines and imprisonment.
Legal Grounds for Contempt in Child Support Cases
- The non-custodial parent is capable of paying but willingly fails to do so.
- There is a clear and explicit court order that has been violated.
- The custodial parent has filed a formal motion for contempt.
Steps to File for Contempt for Nonpayment of Child Support
- Contact your local family court and request the necessary forms.
- Complete the forms, providing evidence of nonpayment and the existence of a court order.
- File the motion with the court and notify the other party.
- Attend the scheduled court hearing.
Risks of Being Held in Contempt for Nonpayment
Penalties can include garnishment of wages, seizure of assets, fines, and even jail time. Additionally, nonpayment negatively impacts credit scores and personal records.
Comparison of State Laws on Contempt for Nonpayment of Child Support
| State | Enforcement Tightness | Potential Penalties |
|---|---|---|
| New York | High | Heavy fines, up to 6 months incarceration |
| California | Medium | Community service, fines, potential jail time |
| Texas | Low | Income withholding, fines |
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FAQ
Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.
A custodial parent can waive or forgive all arrears owed to him or her directly. Use the Account Summary from the SCU to determine what arrears are owed to the parent, and what arrears are owed to the state (if the custodial parent ever received Public Assistance).
If it is a matter of urgency or the contempt was done in front of a judge, that person can be punished immediately. Punishment can range from the person being imprisoned for a period of less than five years or until the person complies with the order or fine.
The statute of limitations for child support enforcement in Louisiana is 10 years.
When you lose your job the legal obligation to pay child support does not stop it will not go away. If there are arrears of payment of child support the amount of the arrears is not waived. Becoming a bankrupt does not extinguish the arrears the debt survives the bankruptcy.
If a person is found to be in contempt, the court is able to impose sanctions, which may include the following: jail time (usually 1-30 days) ordering the party held in contempt to pay the money owed. ordering the party held in contempt to pay the other party's attorney's fees.
Child support back pay cannot be totally forgiven or waived, but there are a few situations that can help you handle it. Double-check the amount the court states you are in arrears. You can always ask the court to recalculate this amount to make sure it is correct.You can request a manageable payment schedule.
To stay out of jail, go to the contempt of court hearing prepared to show that you have not deliberately disobeyed the court's order to pay child support. You may have to convince the judge that you're not as irresponsible as it appears. Preparing evidence is a must. Your first step is to show why you didn't pay.
To file your papers, you must go to Clerk of Court's Suit Accounting office, located on the Third Floor of the Nineteenth Judicial District Courthouse, 300 North Boulevard, Baton Rouge, Louisiana. If you want to make other arrangements for filing, you should contact that office at (225) 389-3982.
