Louisiana Rule for Contempt Nonpayment of Child Support

State:
Louisiana
Control #:
LA-5160
Format:
Word; 
Rich Text
Instant download

Definition and meaning

The Louisiana Rule for Contempt Nonpayment of Child Support is a legal process initiated when a parent fails to comply with a court order to pay child support. This rule allows the custodial parent to seek enforcement of the child support obligation through the court system. Contempt can be established when there is clear evidence that the non-custodial parent has not made required child support payments.

Who should use this form

This form is intended for individuals who have a court order that mandates child support payments and are experiencing noncompliance from the other parent. It is particularly useful for custodial parents who wish to obtain legal recourse against a non-paying parent to ensure that support obligations are fulfilled. This form may also be used by attorneys representing custodial parents in such cases.

Key components of the form

Essential components of the Louisiana Rule for Contempt Nonpayment of Child Support form include:

  • The names and contact information of both parents.
  • The specific child support amount that was ordered by the court.
  • The details of any medical insurance obligations related to the minor child.
  • Evidence of nonpayment, which may include payment history.
  • A request for attorney fees if the custodial parent has incurred legal expenses.

How to complete a form

To complete the Louisiana Rule for Contempt Nonpayment of Child Support form:

  1. Fill in the names and addresses of both the plaintiff and the defendant.
  2. Clearly specify the ordered child support amount and any additional financial obligations.
  3. Provide documentation supporting the claim of nonpayment.
  4. Sign and date the form in the designated areas.
  5. Submit the completed form to the appropriate court in your parish.

Common mistakes to avoid when using this form

When filling out the Louisiana Rule for Contempt Nonpayment of Child Support form, avoid the following errors:

  • Failing to provide accurate and complete information about the parties involved.
  • Not including all required documentation to demonstrate nonpayment.
  • Neglecting to sign and date the form before submission.
  • Using incorrect court address or jurisdiction.

What documents you may need alongside this one

In addition to the form, you should gather the following documents:

  • Copy of the original child support order.
  • Records of payments made or missed.
  • Documentation showing the request for medical insurance has been fulfilled or not.
  • Any previous court documents related to the child support case.

Benefits of using this form online

Using the Louisiana Rule for Contempt Nonpayment of Child Support form online offers several advantages:

  • Immediate access to the latest version of the form.
  • Convenience of filling out the form from home.
  • Guided steps that reduce the risk of errors.
  • Easier documentation of the claim through digital file storage.

Form popularity

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.

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Louisiana Rule for Contempt Nonpayment of Child Support