Child support awards may be enforced by income assignment, contempt, motion for arrearages, recordation of judgment against motor vehicles, suspension of licenses, and interception of tax refunds, among other devices.1 The court must, except for good cause shown, award attorney fees when it renders an arrearages judgment.2 An arrearages judgment may also be filed with the Office of Motor Vehicles to create a privilege on the payor’s motor vehicle.3
To obtain relief for your client in the form of payments, you may file a rule for contempt, which can be a summary proceeding.4 Contempt of court for child support may involve punishment pursuant to La. R.S. 13:4611. Punishment may include incarceration. While La. R.S. 13:4206 does provide that the inability to pay is a defense to contempt for failure to pay a money judgment, this is often overlooked. In Turner v. Rogers, the U.S. Supreme Court held that due process requires “safeguards” for pro se indigents in civil contempt cases.5 Safeguards required before incarceration can be ordered include clear notice that the ability to pay is a critical issue in a civil contempt hearing, a form or affidavit to elicit the indigent’s financial circumstances, and an express finding by the court that the person to be punished by incarceration has the ability to pay.6
Do not hesitate to use the administrative suspension of certain licenses if the other side plays games and does not pay child support.7 In many cases, you may want to advise the client to contact support enforcement – especially if tax refunds or interstate enforcement becomes necessary. An action to make child support arrearages executory has a prescriptive period of 10 years.8 Each payment of child support made pursuant to the judgement ordering support interrupts prescription.9 Finally, a judgment recognizing arrearage becomes a judicial mortgage; however, it will prescribe in 10 years from the date of the judgement unless revived and reinscribed.10
- 1La. R.S. 9:315.30, et seq.
- 2La. R.S. 9:375(A).
- 3La. R.S. 9:4790.
- 4La. R.S. 13:4611; see George v. Nero, 02-1140 (La. App. 3 Cir 3/5/03), 839 So. 2d 1085; see also McCartney v. McCartney, 2014-396 (La. App. 3 Cir. 10/1/14), 149 So. 3d 894.
- 5564 U.S. 431 (2011).
- 6La. R.S. 46:236.6.
- 7See La. R.S. 9:315.40, et seq.
- 8See La. C.C. art. 3501.1.
- 9La. R.S. 13:4291(A)(1).
- 10La. R.S. 46:4291(A)(2).