Louisiana § RS 9:315.11 - Voluntarily unemployed or underemployed party

§ RS 9:315.11. Voluntarily unemployed or underemployed party

            A.(1) If a party is voluntarily unemployed or underemployed, child support shall be calculated based on a determination of income earning potential, unless the party is physically or mentally incapacitated, or is caring for a child of the parties under the age of five years. In determining the party's income earning potential, the court may consider the most recently published Louisiana Occupational Employment Wage Survey. In determining whether to impute income to a party, the court's considerations shall include, to the extent known, all of the following:

            (a) Assets owned or held by the party.

            (b) Residence.

            (c) Employment and earnings history.

            (d) Job skills.

            (e) Educational attainment.

            (f) Literacy.

            (g) Age and health.

            (h) Criminal record and other employment barriers.

            (i) Record of seeking work.

            (j) The local job market.

            (k) The availability of employers willing to hire the noncustodial parent.

            (l) Prevailing earnings level in the local community.

            (m) Other relevant background factors in the case.

            (2) Upon an express finding by the court that evidence of a party's actual income or income earning potential is totally absent, there is a rebuttable presumption that the party can earn a weekly gross amount equal to thirty-two hours at a minimum wage, according to the laws of the party's state of domicile or federal law, whichever is higher.

            B. The amount of the basic child support obligation calculated in accordance with Subsection A of this Section shall not exceed the amount which the party paying support would have owed had a determination of the other party's income earning potential not been made.

            C. A party shall not be deemed voluntarily unemployed or underemployed if either:

            (1) The party is responsible for the care of an unmarried child of the party who is incapable of self-support and requires substantial care and personal supervision by that party because of an intellectual or physical disability that is manifested before the child attains the age of majority. The court shall consider the particular circumstances of the child's need for care, including the eligibility of the child for school or any public benefits and services.

            (2) He is or was incarcerated and is unemployed or underemployed as a direct result of the incarceration. "Incarceration" shall have the same meaning provided in R.S. 9:311.1.

            Acts 1989, 2nd Ex. Sess., No. 9, §1, eff. Oct. 1, 1989; Acts 2001, No. 1082, §1; Acts 2004, No. 156, §1, eff. June 10, 2004; Acts 2005, 1st Ex. Sess., No. 59, §1, eff. Dec. 6, 2005; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2010, No. 238, §1; Acts 2016, No. 218, §1; Acts 2017, No. 264, §2; Acts 2018, No. 136, §1, eff. May 11, 2018; Acts 2021, No. 339, §1; Acts 2024, No. 448, §2, eff. Jan. 1, 2025.

NOTE: Acts 2017, No. 264, eff. date changed by Acts 2018, No. 136, changed from Jan. 1, 2019, to Aug. 1, 2018. Acts 2019, No. 277 changed the eff. date of the remaining provisions of Acts 2017, No. 264 to Aug. 1, 2020.