La. Stat. tit. 46 § 236.1.12

Current with changes from the 2024 Legislative Session

Section 46:236.1.12 - Transfer of child support obligation to third party

A. Obligations ordered for support of a child are for the use and benefit of the child and shall follow the child.

B. If a child with an existing support order has a caretaker who is not the obligee listed in the current support order, the department shall obtain from the court that rendered the support order an amended order naming the current caretaker as the obligee in accordance with the provisions of this Section.

C. When the current caretaker applies for support enforcement services pursuant to R.S. 46:236.1.2, the caretaker shall execute an affidavit stating that the minor child resides with him. The affidavit shall contain the following information in substantially the following form:

AFFIDAVIT OF CHILD(REN)'S PHYSICAL

PRESENCE IN THE CARETAKER'S HOME

AFFIDAVIT

I, ____________________________________, the undersigned affiant

Name of the Affiant

do hereby certify and affirm that I am the caretaker of the minor child(ren) named below;

That I am the applicant/recipient of support enforcement services on behalf of the minor child(ren) whose name(s) appear(s) below;

That I have requested that the Department of Children and Family Services, Child Support Enforcement (DCFS, CSE) secure a court order to authorize the child support payments that are due and payable by the obligor and/or the obligee on behalf of the minor child(ren) whose name(s) appear(s) below to be redirected to me, the affiant, on behalf of the minor child(ren);

That I do hereby further certify and affirm that the minor child(ren) whose name(s) appear(s) below have been physically residing with me in my residence since ___________________, __________, located in the parish/county of ____________________, state of _________________.

Name(s) of Children

Date of Birth

I solemnly swear or affirm that the foregoing statements are true and correct to the best of my knowledge and belief.

________________________

SIGNATURE OF AFFIANT

________________________

PRINT NAME OF AFFIANT

SUBSCRIBED AND SWORN TO BEFORE ME ON THIS _________ DAY OF __________________ AT __________________, LOUISIANA

______________________________________________

PRINT NAME OF ATTORNEY OR NOTARY PUBLIC

_____________________________________________

SIGNATURE OF ATTORNEY OR NOTARY PUBLIC

___________________________________________________

NOTARY NUMBER OF NOTARY PUBLIC OR BAR ROLL

NUMBER OF ATTORNEY

MY COMMISSION EXPIRES:__________________

D. Upon receiving the application and affidavit pursuant to Subsection C of this Section, the department shall send written notice to the obligor and obligee at their last known addresses through the United States Postal Service. The notice shall inform the obligor and obligee of the department's intent to redirect payments to the current caretaker. The notice shall include a copy of the caretaker's affidavit.

E. In addition to the notice sent pursuant to Subsection D of this Section, an attempt to contact the obligor and obligee at their last known telephone numbers or e-mail addresses shall be made when telephone numbers or e-mail addresses are available in the department's record.

F. At least fifteen days after mailing written notice to the obligor and obligee, the department shall file an ex parte motion and order to have the caretaker recognized as the new obligee and have the department redirect child support payments to the current caretaker.

(1) The ex parte motion shall include an affidavit executed by the current caretaker pursuant to the provisions of Subsection C of this Section.

(2) The ex parte motion shall also include an affidavit executed by an authorized representative of the department. The affidavit shall contain the following information in substantially the following form:

AFFIDAVIT OF RECEIPT OF SERVICE AND NOTICE

AFFIDAVIT

I, _____________________________________________, an authorized

Name of the Affiant

representative of the Department of Children and Family Services, Child Support Enforcement hereby certify and affirm:

That support enforcement services are being furnished to _____________.

Caretaker

The following efforts have been made to give the obligor reasonable notice of the department's intent to redirect child support payments to the current caretaker. The obligor has not notified the department that (s)he objects to the redirection of support payments.

Date of Action

Action Taken

The following efforts have been made to give the obligee reasonable notice of the department's intent to redirect child support payments to the current caretaker. The obligee has not notified the department that (s)he objects to the redirection of support payments.

Date of Action

Action Taken

I solemnly swear or affirm that the foregoing statements are true and correct to the best of my knowledge and belief.

________________________

SIGNATURE OF AFFIANT

________________________

PRINT NAME OF AFFIANT

SUBSCRIBED AND SWORN TO BEFORE ME ON THIS ________DAY OF _____________ AT __________________, LOUISIANA

_______________________________________________

PRINT NAME OF ATTORNEY OR NOTARY PUBLIC

______________________________________________

SIGNATURE OF ATTORNEY OR NOTARY PUBLIC

___________________________________________________

NOTARY NUMBER OF NOTARY PUBLIC OR BAR ROLL

NUMBER OF ATTORNEY

MY COMMISSION EXPIRES:______________________________

G. Upon submission of the ex parte motion, order, and affidavits, the court shall determine whether the department has made sufficient efforts to notify the obligor and obligee of the department's intent to redirect child support payments to the current caretaker. Upon finding that the department has made sufficient efforts, the court shall:

(1) Issue an interim order naming the current caretaker as the obligee and authorizing the department to redirect payments to the current caretaker, and

(2) Issue a rule to show cause ordering the obligor and obligee to appear and show cause why the interim order should not be made permanent.

H. The rule to show cause shall be set for a hearing not more than thirty days after the court signs the interim order.

I. The interim order shall remain in effect until the rule to show cause is heard and ruled upon by the court or until the court orders otherwise.

J. The provisions of this Section shall not change the legal custody of a child or affect the rights and obligations of a parent relating to a child.

La. R.S. § 46:236.1.12

Acts 2012, No. 444, §1.