Per La. R.S. 9:315.21, except for good cause shown, a judgment awarding, modifying, or revoking an interim child support judgment is retroactive to the date of judicial demand. A judgment that initially awards or denies final child support is effective as of the date the judgment is signed and terminates an interim child support judgment as of that date.1
Ensure that any interim support obtained is based on the correct amount that your client is owed based on substantiated income.2 Interim amounts that are not based on verified income usually arise in the context of Hearing Officer conferences or protective order hearings. Be mindful that if an interim award is ordered, you have the obligation to resolve the matter by obtaining a final award. Make sure the final judgment disposes of all issues and is final, pursuant to La. C.C.P. art. 1915(B), or you may not get relief if you have to appeal the order.3
A situation may arise in which interim child support is awarded at a lower amount based on insufficient documentation and later a “proper” higher final child support order is issued by the court. Are you stuck with the interim support order which “shortchanged” your client? Possibly.
It would be much wiser to ensure that an interim order is correctly set based on verified income. If the interim amount is estimated, then the interim order should provide for and be contingent upon a modification and contain a retroactivity clause prior to the final support being set. This is allowed pursuant to La. R.S. 9:315.21(A). This modification of the interim order allows the client to be “reimbursed” because the modified order will be retroactive to the date of original interim award. Good cause to deviate from the general rule in La. R.S. 9:315.21(A) is provided by the fact that the interim order was only estimated and not set at the correct level. This two-prong approach resolves the anomaly created by the various provisions and serves the practical intent and implementation of the retroactivity statute for interim support orders.
In Vaccari v. Vaccari, the Louisiana Supreme Court blessed this procedure.4 The court noted that failing to make an award based on fraudulent or mistaken representations of income “creates a perverse incentive for parties in divorce proceedings to falsely report their income and means in the hope of paying as little as possible in interim support.”5 According to the court, “[i]f good cause exists, the final judgment can be retroactive to the date of judicial demand even though there is an interim child support judgment in place.”6 The burden of proving good cause is on the party to whom support is owed.7
- 1La. R.S. 9:315.21(B).
- 2See Stogner v. Stogner, 98-3044 (La. 7/7/99), 739 So. 2d 762.
- 3Burford v. Burford, 2018-0558 (La. App. 4 Cir. 11/28/18), 259 So. 3d 1086.
- 42010-2016, pp. 7–8 (La. 12/10/10), 50 So. 3d 139, 143–44.
- 5See id. at p. 8, 50 So. 3d at 144.
- 6See id.
- 7See Shaw v. Shaw, 46,993 (La. App. 2 Cir. 2/29/12), 87 So. 3d 235.