2017 Louisiana Laws
Revised Statutes
TITLE 9 - Civil Code-Ancillaries
RS 9:311 - Modification of support; material change in circumstances; periodic review by Department of Children and Family Services; medical support

NOTE: §311 heading effective until Jan. 1, 2019. See Acts 2017, No. 264, §2.

§311. Modification of support; material change in circumstances; periodic review by Department of Children and Family Services; medical support

NOTE: §311 heading as amended by Acts 2017, No. 264, §2, effective Jan. 1, 2019.

§311. Modification or suspension of support; material change in circumstances; periodic review by Department of Children and Family Services; medical support

            A.(1) An award for support shall not be modified unless the party seeking the modification shows a material change in circumstances of one of the parties between the time of the previous award and the time of the rule for modification of the award.

NOTE: Paragraph (A)(2) effective until Jan. 1, 2019. See Acts 2017, No. 264, §2.

            (2) The Department of Children and Family Services shall prepare and distribute information, forms, and rules for the modification of support orders, in accordance with this Subsection, and for proceeding in forma pauperis. The information provided by the Department of Children and Family Services shall specifically include what may constitute a material change in circumstances. The clerks of court in all parishes shall make this information available to the public upon request. When the initial support order is entered, either the court or the department, if providing services, shall provide this information to the parties.

NOTE: Paragraph (A)(2) as amended by Acts 2017, No. 264, §2, effective Jan. 1, 2019.

            (2) The Department of Children and Family Services shall prepare and distribute information, forms, and rules for the modification or suspension of support orders, in accordance with this Subsection, and for proceeding in forma pauperis. The information provided by the Department of Children and Family Services shall specifically include what may constitute a material change in circumstances. The clerks of court in all parishes shall make this information available to the public upon request. This information shall also be distributed by the Department of Public Safety and Corrections or the sheriff of any parish, as appropriate, to every person incarcerated in every state and parish jail and prison facility. When the initial support order is entered, either the court or the department, if providing services, shall provide this information to the parties.

            B. A judgment for past due support shall not of itself constitute a material change in circumstances of the obligor sufficient to reduce an existing award of support.

            C. For purposes of this Section, in cases where the Department of Children and Family Services is providing support enforcement services:

            (1) A material change in circumstance exists when a strict application of the child support guidelines, Part I-A of this Chapter, would result in at least a twenty-five percent change in the existing child support award. A material change in circumstance does not exist under this Paragraph if the amount of the award was the result of the court's deviating from the guidelines pursuant to R.S. 9:315.1 and there has not been a material change in the circumstances which warranted the deviation.

            (2) Upon request of either party or on its own initiative and if the best interest of the child so requires, the department shall provide for judicial review and, if appropriate, the court may adjust the amount of the existing child support award every three years if the existing award differs from the amount which would otherwise be awarded under the application of the child support guidelines. The review provided hereby does not require a showing of a material change in circumstance nor preclude a party from seeking a reduction or increase under the other provisions of this Section.

NOTE: Subsection D effective until Jan. 1, 2019. See Acts 2017, No. 264, §2.

            D. A material change in circumstance need not be shown for purposes of modifying a child support award to include a court-ordered award for medical support.

NOTE: Subsection D as amended by Acts 2017, No. 264, §2, effective Jan. 1, 2019.

            D. A material change in circumstance need not be shown for either of the following purposes:

            (1) To modify a child support award to include a court-ordered award for medical support.

            (2) To suspend or modify a child support award in accordance with R.S. 9:311.1.

            E. If the court does not find good cause sufficient to justify an order to modify child support or the motion is dismissed prior to a hearing, it may order the mover to pay all court costs and reasonable attorney fees of the other party if the court determines the motion was frivolous.

            F. The provisions of Subsection E of this Section shall not apply when the recipient of the support payments is a public entity acting on behalf of another party to whom support is due.

NOTE: Subsection G effective until Jan. 1, 2019. See Acts 2017, No. 264, §5.

            G. A modified order for support shall be retroactive to the filing date of the rule for modification.

NOTE: Subsection G as repealed by Acts 2017, No. 264, §5, effective Jan. 1, 2019.

            G. Repealed by Acts 2017, No. 264, §5, eff. Jan. 1, 2019.

            Acts 1985, No. 41, §1; Acts 1993, No. 478, §1; Acts 1997, No. 1245, §1, eff. July 1, 1997; Acts 2001, No. 1082, §1; Acts 2008, No. 886, §1; Acts 2010, No. 913, §3; Acts 2017, No. 264, §§2, 5, eff. Jan. 1, 2019.