6.8.1 Preexisting Obligations (Lines 1a-b & 2)

In computing monthly adjusted gross income on the child support worksheet, one should subtract any pre-existing child support obligations established by judgment from a litigant’s monthly gross income. To be deductible, the obligation must result from an actual court order, not an extrajudicial agreement. The burden is on the party seeking the reduction to provide the court order so that it can be property assessed. The first child support/spousal support judgment obtained will always be pre-existing, even if it has been subsequently modified; the modification does not change the “pre-existing” character of the judgment.

At times, a defendant may raise the argument that they are caring for a child or children not of these parties and seek a deviation. Courts have consistently required explanation of those expenses, but this deviation is discretionary and can only be made if it is not harmful to the best interest of the child of the current proceeding or would be inequitable to the parties.1  If the court allows this deviation, it must give specific reasons.2

After subtracting either or both of these obligations from a litigant’s monthly gross income, one arrives at the monthly adjusted gross income to be entered on Line 2 of the Child Support Worksheet.

• 1La. R.S. 9:315.1(B)(1).
• 2Bell v. Jackson, 2018-1075, p. 9 (La. App. 1 Cir. 5/31/19), 278 So. 3d 382, 388–89.