6.14 Incarcerated Defendants

Recent legislation has taken a parent’s incarceration into account. Child support obligations are suspended if an obligor has been sentenced to 180 days or more, with or without hard labor.1  If DCFS is providing services, the agency is charged with monitoring release and re-instituting support after the obligor is released.2  DCFS is also allowed to petition the court to continue the award beyond the original termination date, if the parent is released prior to the child’s emancipation.3  If the parent is released after the child emancipates, the custodial parent or child may petition the court to establish an award for the period of the suspension of the obligation as long as the petition is made within twenty-four months after the parent’s release.4

• 1La. R.S. 9:311.1(A).
• 2La. R.S. 9:311.1(C).
• 3La. R.S. 9:311.1(G)(3)(a)(i).
• 4La. R.S. 9:311.1(G)(3)(b).