2011 Louisiana Laws
Revised Statutes
TITLE 46 — Public welfare and assistance
RS 46:236.2 — Amendment of support orders

§236.2. Amendment of support orders

A.(1) The department or district attorney may, by a written motion together with a written certification from the department that support enforcement services are being furnished to the individual, to the caretaker of any individual receiving support benefits, or to the payor of any support benefits for such individual, obtain an order to require any person under an order to support such individual or caretaker to make such support payments payable to the department.

(2) Notwithstanding the provisions of R.S. 13:1599(B), in cases receiving support enforcement services from the department, upon the district attorney's or the department's motion to transfer, a support order payable to the department shall be transferred for subsequent enforcement and modification to the appropriate juvenile court within the parish wherein the support order was rendered or last registered, except in East Baton Rouge Parish.

B.(1)(a) Any interested party may by a written motion, together with a written certification from the department that the department is not presently furnishing and does not contemplate furnishing FITAP for or on behalf of an individual and that no services are being rendered by the department on behalf of the individual, obtain from the court to which the order to support the individual had previously been transferred, an amended order to require that support payments be made payable to the individual or caretaker instead of the department.

(b) If the support order was originally established in juvenile, family, or district court, any interested party may, by written motion, together with a written certification from the department that it is not presently furnishing and does not contemplate furnishing FITAP for or on behalf of an individual and that no support enforcement services are being rendered by the department, obtain from the court which rendered the order of support, an amended order requiring payments in accordance with the order to be made to the individual or caretaker instead of the department. When the motion is granted, the individual or caretaker to whom support is owed shall be the proper party to enforce the support obligation or any arrears owed.

(c) As used in this Paragraph, "interested party" shall include only the department, the person owing the support obligation, or the individual or caretaker to whom the support obligation is owed.

(2)(a) Notwithstanding the provisions of R.S. 13:1599(B), in cases receiving support enforcement services from the department, upon the district attorney's or the department's motion to transfer, a support order amended to change the payee to the individual or caretaker instead of the department under this Subsection, shall be transferred for subsequent enforcement and modification to the appropriate court which was enforcing the support order prior to its transfer under Paragraph (A)(2) of this Section.

(b) Notwithstanding the provisions of R.S. 13:1599(B), in cases not receiving support enforcement services from the department, upon motion to transfer by the interested party, a support order amended to change the payee to the individual or caretaker in accordance with Subparagraph (1)(b) of this Subsection shall be transferred for subsequent enforcement and modification to the district or family court in the same parish as the juvenile court transferring the order.

C. In either of the above cases, the court shall grant its order ex parte and without hearing any adverse party.

D. This Section applies regardless of whether the individual applying for or receiving support enforcement services has ever received any public assistance and regardless of whether there is a delinquency.

Added by Acts 1976, No. 313, §1. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1981, No. 812, §2, eff. Aug. 2, 1981; Acts 1981, Ex.Sess., No. 36, §2, eff. Nov. 19, 1981; Acts 1984, No. 358, §1; Acts 1997, No. 603, §4; Acts 1999, No. 762, §1; Acts 1999, No. 1089, §1, eff. July 1, 1999; Acts 2004, No. 510, §1, eff. June 25, 2004; Acts 2009, No. 83, §1; Acts 2010, No. 754, §3, eff. Jan. 1, 2011; Acts 2010, No. 913, §2.