What Happens If a Parent Stops Paying Child Support in Louisiana?

When parents divorce, it may lead to child custody arrangements that require both parents to stay involved in their child’s life. Along with dividing time and responsibilities, both parents remain financially responsible for making sure their child’s needs are met. This is where a child support order comes in. It puts each parent’s obligation in writing to help provide the resources every child deserves. If a parent fails to pay what they owe, it can create hardship and worry for the other parent and, most importantly, impact the child’s well-being.

If you are facing unpaid support, understanding your rights is essential. A knowledgeable child support attorney from Domengeaux Wright Roy & Edwards in Lafayette can help you pursue the payments owed to your child. This article will explain what child support covers, what can happen if payments stop, and how you can enforce a child support order in Louisiana.

What Is Child Support?

Child support is a court-ordered payment one parent makes to the other to help cover the costs of raising their child. Louisiana law, for joint custody cases, uses a fixed formula to determine the amount of child support. This model calculates the cost of raising a child as if the parents were still living together and then divides that cost between the parents based on their respective incomes.

The basic child support obligation covers essential needs. However, the court can also include several “add-on” expenses in the total support amount. These can include:

• Net child care costs related to employment or job training.
• The cost of health insurance premiums for the child.
• Extraordinary medical expenses that are not covered by insurance (costs over $250 per child, per year).
• Other extraordinary expenses, such as private school tuition or costs for special activities that benefit the child’s development.

How To Enforce a Child Support Order With a Lafayette Child Support Attorney

If a parent fails to make their court-ordered child support payments, the unpaid balance, known as “arrears,” begins to accumulate. However, a parent cannot simply decide to stop paying without facing consequences. Louisiana law offers strong legal options to enforce the child support order and collect what is owed.

Here are some common methods for enforcement.

Wage Garnishment

Wage garnishment is one of the most direct methods of enforcement. A court can issue an income assignment order, which requires the non-paying parent’s employer to withhold a specific amount from their paycheck and send it directly to the Louisiana Department of Children and Family Services for distribution.

Liens

A legal claim, or lien, can be placed against the non-paying parent’s property. This includes real estate, vehicles, and bank accounts. If the parent tries to sell the property, the child support debt must be paid from the proceeds before the seller can receive any money.

Court Motions

You can file a motion for contempt with the court. A contempt action asserts that the other parent is willfully disobeying a court order. If the judge finds the parent in contempt, they can face serious penalties. A Lafayette family law attorney can help you file the correct motions and represent your interests in court.

Penalties for Not Paying Child Support

Louisiana RS 14:75 establishes criminal penalties for intentionally failing to pay child support. A parent may face criminal charges if their support obligation has been unpaid for more than six months or if the total amount owed is greater than $2,500.

The penalties can be severe and may include:

• Fines: For a first offense, the fine can be up to $500. For subsequent offenses, it can increase to $2,500.
• Imprisonment: Jail time can range from up to six months for a first offense to up to two years in prison, with or without hard labor, for a second or subsequent offense.
• Restitution: The court will order the parent to pay back the entire unpaid support amount.

Failing to pay does not go away. The state can also take other actions, such as withholding tax refunds, suspending driver’s licenses, and revoking professional or recreational licenses until the arrears are paid.

If you are the parent owed support, know that you have legal rights. The most effective way to enforce these rights and collect past-due payments is by working with a lawyer who understands family law. A child support attorney in Lafayette can help you hold the non-paying parent accountable.

Protect Your Child’s Rights With Domengeaux Wright Roy & Edwards

Your child should not be the victim of a parent’s refusal to meet their financial obligations. Consistent child support is essential for your child’s stability and well-being. The legal system can be complex, but you do not have to face it alone.
The child support attorneys at Domengeaux Wright Roy & Edwards have helped families across Louisiana enforce court orders and secure the financial support their children deserve. If you need help getting the child support payments you are owed, message us online or call 337-291-HURT (4878) today for a consultation. When your child’s future is on the line, Make the Wright Call.