Louisiana § RS 46:236.1.9 - Family and child support programs; duties; courts; agencies; party status

§ RS 46:236.1.9. Family and child support programs; duties; courts; agencies; party status

            A. The agencies, courts, and persons in Louisiana carrying out provisions of this Subpart and of Title IV-D of the Social Security Act and related portions of Title IV-A of such Act shall have the affirmative responsibility to act in the best interest of the individual on whose behalf action is taken.

            B. Any court that collects child support pursuant to state laws and regulations shall forward that portion of the collections due to the Department of Children and Family Services within two days of receipt.

            C.(1) In any proceeding concerning paternity, a support obligation, or arrearages owed the department shall be an indispensable party when providing support enforcement services on behalf of a child involved in the proceeding.

            (2) A party shall not commence an action, file a pleading, or submit a written stipulation to the court without complying with Paragraph (3) of this Subsection, if the purpose or effect of the action, pleading, or stipulation is to accomplish any of the following:

            (a) Establish, disavow, or contest paternity.

            (b) Establish, modify, or terminate a support obligation.

            (c) Change the court-ordered manner of payment of support.

            (d) Enforce support or arrears due or owing.

            (3)(a)(i) When taking an action described in Paragraph (2) of this Subsection, a party shall certify in the initial pleading whether support enforcement services are being provided on behalf of a child who is a subject of the action, pleading, or stipulation.

            (ii) If support enforcement services are being provided, the party shall have a copy of the pleading or stipulation served on the department.

            (b) Any party who knows, or with the exercise of due diligence should know, that a child is receiving support enforcement services during the pendency of an action pursuant to Paragraph (2) of this Subsection shall notify the court and the plaintiff shall provide the department with a copy of any hearing notice pertaining to a pending proceeding.

            (c) If notice is not given in accordance with this Subsection, the department shall not be bound by any decision, judgment, or stipulation rendered in an action described in Paragraph (2) of this Subsection.

            (4) "Support enforcement services" shall have the same meaning as provided in R.S. 46:236.1.1.

            Acts 2003, No. 1068, §2, eff. July 2, 2003; Acts 2008, No. 532, §4; Acts 2021, No. 11, §1, eff. Jan. 1, 2022.