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Louisiana Judgment on Rule for Contempt for Nonpayment of Child Support

State:
Louisiana
Control #:
LA-5297
Format:
Word; 
Rich Text
Instant download

Definition and meaning

The Louisiana Judgment on Rule for Contempt for Nonpayment of Child Support is a legal document issued by a court when a person fails to pay court-ordered child support. This judgment serves to hold the non-paying parent in contempt of court, which can lead to various legal consequences, including potential jail time if compliance is not achieved.

How to complete a form

To complete a Louisiana Judgment on Rule for Contempt for Nonpayment of Child Support, follow these steps:

  1. Gather necessary information about both parties involved, including full names, addresses, and contact details.
  2. Fill in the docket number as assigned by the court, along with the date of the hearing.
  3. Clearly state the amount of child support that has not been paid and the total arrears owed.
  4. Detail the ruling of the court regarding the contempt charge, including any consequences such as jail time or required payment plans.
  5. Obtain signatures from both parties and witnesses as required.

Who should use this form

This form is used by custodial parents or guardians who are seeking court enforcement of child support payments. It is specifically designed for situations where one parent is not meeting their financial obligations, resulting in the need for judicial intervention to ensure compliance.

Key components of the form

The main components of the Louisiana Judgment on Rule for Contempt for Nonpayment of Child Support include:

  • Court details: Information about the court where the judgment is filed.
  • Parties involved: Names of the mover (the person filing) and the respondent (the person in contempt).
  • Judgment details: The specific amounts owed in child support and any additional penalties.
  • Consequences: Any jail time or suspension of sentences, contingent on future compliance.
  • Signatures: Required signatures of the judge and attorney, when applicable.

Legal use and context

The Louisiana Judgment on Rule for Contempt for Nonpayment of Child Support is utilized within the state court system when a parent fails to comply with a child support order. It is essential for custodial parents seeking to enforce their legal rights to receive consistent support for their children and resolve disputes over payment failures.

Common mistakes to avoid when using this form

When completing the Louisiana Judgment on Rule for Contempt for Nonpayment of Child Support, avoid these common mistakes:

  • Failing to accurately fill in the docket number, which could lead to processing delays.
  • Omitting necessary signatures, resulting in the form being deemed incomplete.
  • Not including all relevant financial details, which could weaken the case against the respondent.
  • Using unclear language that may lead to confusion about obligations and penalties.

Benefits of using this form online

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

  • Convenience: Complete the form from anywhere at any time, making the process more accessible.
  • Guidance: Online platforms often provide step-by-step instructions and tips to assist users.
  • Accuracy: Reduces the risk of mistakes with built-in validation checks for required fields.
  • Immediate access: Obtain a downloadable version of the form quickly, saving time.
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FAQ

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.

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).

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.

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.

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.

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.

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.

Contempt of court is essentially seen as a form of disturbance that may impede the functioning of the court. The judge may impose fines and/or jail time upon any person committing contempt of court. The person is usually let out upon his or her agreement to fulfill the wishes of the court.

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

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Louisiana Judgment on Rule for Contempt for Nonpayment of Child Support