Calculate Louisiana Child Support (2024)

Sheri Atwood

April 16, 2019

Child support payments in Louisiana

Louisiana child support is the amount of money that a non-custodial parent is required to pay to the custodial parent in order to help cover the costs of raising their child. The state of Louisiana has established child support laws for determining the child support payments that must be paid.

If a couple with children gets divorced or lives apart, the court will usually order the parent who does not have the kids most of the time to pay child support to the parent who has the kids most of the time.

The amount of child support that is ordered will depend on things like how much money both parents make, how many children need support, and who has custody of the children.

Temporary assistance during divorce

During the divorce proceeding, Louisiana courts provide a spouse with an order for temporary assistance so they can take care of the children until the trial is over and the final child support orders are approved by the judge. The higher-earning non-custodial parent will almost certainly have to pay for some temporary support if a case drags on.

If a parent is not able to pay child support payments, they can contact their local child support office or the Department of Social Services for help. The agency will work with them to find ways to make child support payments more manageable. If a parent fails to make child support payments, they may face serious consequences including wage garnishment, suspension of driver’s license, or even jail time.

The first step in determining the amount of child support that must be paid is to calculate the combined income of both parents. This includes all forms of gross income, such as salaries, wages, bonuses, commissions, unemployment compensation, and any other forms of income that are earned by either parent.

Determining earning capacity of a spouse

In some circ*mstances, if one spouse doesn’t work you can petition the court to impute income based on the spouse’s earning capacity. For example, if a spouse has a medical education and license to practice medicine but chooses not to have a job, the court could rule that their income is that of a doctor.

Additionally, a judge may impute income based on a parent’s work history. This can prevent cases where a spouse is voluntarily unemployed, or quits a job right before the divorce so they can pretend that they have zero income. Many times this won’t work, as the judge is likely to estimate his earning capacity and use this for the calculation instead.

Louisiana child support guidelines

Once the total household income has been determined, the next step is to apply the Louisiana child support guidelines. This has the formula to determine the amount of child support that must be paid. This formula takes into account the adjusted gross income of both parents, the number of children being supported, and the amount of time each parent spends with the children.

The formula is designed to ensure that the non-custodial parent pays their fair share of the costs of raising the children, while also allowing the custodial parent to receive the financial support they need to provide for their children.

These guidelines provide a table that shows the appropriate amount of child support that should be paid based on the combined income of the parents, the number of children being supported, and the parenting time of each parent.

Non-custodial parents

The court will typically order the non-custodial parent to pay the amount of child support indicated by the guidelines unless there are compelling reasons to deviate from the guidelines.

Examples:

If the non-custodial parent has a high income and the custodial parent has a low income, the court may order the non-custodial parent to pay a higher amount of child support in order to provide more financial support for the children.

If a child needs significant medical support, the non-custodial parent may have to contribute more to offset the cost of medical insurance and treatments.

If one parent has significantly more parenting time than the other, or one child spends the majority of their time with a single parent, the child support award may be adjusted by the judge even if there isn’t a sole custody order.

Beyond the basic child support obligation

In addition to the basic child support payment, the court may also order the non-custodial parent to pay for other expenses related to the children, such as medical and dental expenses, educational expenses, and extracurricular activities. The court will determine the amount that the non-custodial parent must pay for these expenses based on their income and the needs of the children.

Child support enforcement

Once the court has ordered the non-custodial parent to pay child support, it is the responsibility of the custodial parent to enforce the child support order. The custodial parent can request that the child support payments be made by direct deposit, deducted directly from the non-custodial parent’s paycheck, known as wage withholding. They can also ask the court for help enforcing child support orders if the non-custodial parent fails to make the required payments.

In some cases, the custodial parent may need additional financial support beyond the basic child support amount. For example, if the custodial parent is unable to work due to illness or disability, or if the children have special needs that require additional expenses, the court may order the non-custodial parent to pay additional support.

If you are a non-custodial parent in Louisiana, you are responsible for paying child support. The amount of child support you are required to pay is based on your income and the number of children you have.

If you are unable or unwilling to pay the full amount of child support, you may be able to negotiate a payment plan with the other parent. You may also be able to modify your child support order if there has been a change in your circ*mstances. If you fail to pay child support, you may be subject to enforcement actions, including wage garnishment and seizure of assets.

If you have questions refer to our resource and child support calculator below.

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Louisiana Child Support Resources

Louisiana DCFS

Department of Children and Family Services, Child Support Enforcement
PO Box 94065, 627 N. Fourth Street
Baton Rouge, Louisiana 70802
Office: (225) 342-4780
Fax: (225) 342-7397

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Calculate Louisiana Child Support (2024)

FAQs

How do they figure out child support in Louisiana? ›

The Louisiana Child Support Guidelines consider your combined incomes and whether one of you earns much more than the other. The guidelines also look at what you pay for: Your child's health insurance and any medical expenses that exceed $250 per year — Medical support must be part of every Louisiana support order.

Does Louisiana consider both parents' income for child support? ›

In Louisiana, courts use a fixed formula to calculate child support. The formula is part of the Louisiana Child Support Guidelines. The formula uses the total amount of both parents' monthly incomes and the number of children they have to determine basic child support.

Can you negotiate child support in Louisiana? ›

If your circ*mstances have changed, your order may be eligible for modification. Before the agency can request a modification, CSE will perform a review. During the review, CSE will verify custodial and non-custodial parent's employment status, income, and any other information relevant to your circ*mstances.

Can I go after my ex-husband's new wife for child support in Louisiana? ›

Remarriage in and of itself isn't enough for a judge to alter child support. Additionally, a new spouse's income won't necessarily be considered in a child support action. In Louisiana, stepparents aren't required to financially support their stepchildren.

Who pays child support in 50/50 custody in Louisiana? ›

Both Parents Support the Child

Generally, however, the parents' custody arrangement will impact a child support award. In most cases, the "noncustodial parent" (parent who spends less than 50 percent of the time with the child) will pay child support to the other parent.

How far behind in child support before a warrant is issued in Louisiana? ›

It shall be unlawful for any obligor to intentionally fail to pay a support obligation for any child who resides in the state of Louisiana, if such obligation has remained unpaid for a period longer than six months or is greater than two thousand five hundred dollars.

Does child support go down if the father has another baby in Louisiana? ›

It's important to understand that simply having another child does not automatically reduce your child support obligation. However, if your circ*mstances have changed, it is possible to seek a modification of the child support agreement.

Does child support end at 18 or graduation in Louisiana? ›

Child support gets paid until the child reaches the age of 18 or gets emancipated. A child who is 18 or emancipated ends the obligation for child support. No action is necessary to end the obligation by a formal process.

What is the most you can pay for child support? ›

The state places no cap on the amount of child support a paying parent must pay each month. Instead, it's based solely on the amount of income both parents make each month, the amount the greater-earning parent earns, and the parenting/custody time of each parent.

Does back child support ever go away in Louisiana? ›

LA Statute of Limitations on Back Child Support Payments (Arrears) The statute of limitations for child support enforcement in Louisiana is 10 years.

How to get child support lowered in Louisiana? ›

You can go to the Department of Children and Family Services (DCFS) to request a review. DCFS may ask the court to modify the existing child support order. All child support modifications go through the court process. DCFS can help you through the process if you have an existing or open child support case.

Does giving up parental rights stop child support in Louisiana? ›

Yes, parents still have the obligation to support the child. If asked for in the petition, the judge can put a child support amount in the judgment.

How is child support split between two mothers in Louisiana? ›

(2) If there is a joint custody order or joint plan for implementation providing for shared custody, or if the court finds by a preponderance of the evidence that shared custody exists, the basic child support obligation shall first be multiplied by one and one-half and then divided between the parents in proportion to ...

What are extraordinary medical expenses for child support in Louisiana? ›

By agreement of the parties or order of the court, extraordinary medical expenses incurred on behalf of the child shall be added to the basic child support obligation. Extraordinary medical expenses are unreimbursed medical expenses which exceed two hundred fifty dollars per child per calendar year.

How can I find out how much my spouse makes? ›

You can use your tax return, your spouse's W-2s, or other earning statements to calculate your spouse's income earned from work.

How does child support end in Louisiana? ›

Both parents must submit current pay stubs along with tax returns to document income. When does child support end? Child support generally ends with the child reaches 18 years of age and has graduated from a secondary school (high school) or its equivalent or reaches 19 years of age, whichever occurs first.

How much is spousal support in Louisiana? ›

In most cases, Louisiana law limits the amount of final periodic spousal support to no more than one-third of the paying spouse's net income. However, a judge may award support over that limit when the paying spouse was guilty of domestic abuse. (La. Civ.

How does joint custody work in Louisiana? ›

In a joint custody arrangement, both parents are awarded legal custody of their child but not equal physical custody. Essentially, both parents have the rights and responsibilities of joint custodians (responsibility to confer, right to visitation, etc.) but they do not equally share the physical custody of the child.

How do I get my child support arrears dismissed in Louisiana? ›

If the other parent does not agree to dismiss the child support arrearage, file a motion in court and ask a judge to dismiss the arrearage. Then, ask the judge to schedule a hearing date. At the hearing, you will be allowed to present evidence as to why the judge should dismiss the arrearage.

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