7.7 Enforcement

Sometimes, payors do not pay. The remedy is to file for contempt of court and request an Income Assignment Order, which is an appropriate enforcement vehicle for both spousal and child support awards. Garnishment under a writ of fieri facias would apply. The maximum income that can be seized for spousal support is 40% of the obligor spouse’s disposable earnings, while for child support, the maximum is 50%.1  There is contrary caselaw out there that a wise practitioner should know about. In January v. January, the Third Circuit held that, unlike child support, spousal support awards cannot be enforced through income assignment.2

Spousal support may be made executory. In an action to make arrears executory for past-due support payments, a court must award attorney fees and costs to the prevailing party.3

• 1La. R.S. 13:3881.
• 294-882, 94-883 (La. App. 3 Cir. 2/1/95), 649 So. 2d 1133.
• 3La. R.S 9:375.