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Louisiana Answer to Rule and Rule for Contempt for Nonpayment of Child Support

State:
Louisiana
Control #:
LA-5051
Format:
Word; 
Rich Text
Instant download

Description

In this example, the defendant presents her answers to the allegations in plaintiff's Rule for Change of Custody. Defendant then assumes the position of Plaintiff in Reconvention and requests that a rule nisi (order to show cause) be issued to the Defendant in Reconvention and that he be held in contempt of Court for non-payment of child support. Reconvention is an action brought by a party who is a defendant against the plaintiff before the same judge. See La. C.C.P. Article 1061. An order to show cause is attached.
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FAQ

Any person found guilty of contempt of court under the provisions of this Sub-part shall, for each offense, be fined not less than one hundred dollars nor more than two hundred and fifty dollars, and imprisoned for not less than thirty days nor more than six months.

As with other types of government debt, the consequences can be severe if you don't pay. The Child Support Agency (CSA) or Child Maintenance Service (CMS) have the powers to deduct arrears and ongoing payments straight from your earnings or bank account.

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.

Failure to obey a court order is called contempt of court. If you owe unpaid child support, the other parent can ask for a hearing before a judge and ask that you be held in contempt of court.If you attend the hearing, the judge can still throw you in jail for violating the order to pay the support.

It is a federal crime under certain circumstances for an individual to willfully fail to pay child support.If the child support is overdue for longer than two years or the amount unpaid is $10,000 or more, the crime is considered a felony, potentially resulting in up to two years in prison and fines.

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 the child support owed exceeds $10,000 or is overdue by more than two years, the offense is a felony that carries up to a two-year prison sentence.

The basic rules for a Motion for Contempt are: 1. There must be a court order and that court order must be clear and understandable; 2. The opposing party is not complying with the court order; 3. You previously made some sort of gesture to encourage compliance (such as a simple letter); 4.

The statute of limitations for child support enforcement in Louisiana is 10 years.

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Louisiana Answer to Rule and Rule for Contempt for Nonpayment of Child Support