In Louisiana, either parent can file a request from the Court to change child support. In Louisiana, you must request child support modifications through the court system. If you do not have an existing or open case with DCFS then you may need to file a petition with the court on your own. The petition should include the reasons why the change is being requested.
The court may grant a temporary or permanent modification of child support. A temporary modification may get used to account for a one-time cost for the needs of a child. This might be for situations such as the child getting braces or school uniforms. A permanent modification considers substantial changes in the needs of the child. For example, a child may become disabled with special needs and the costs of raising the child may change.
Generally, a modification of child support requires a formal court hearing. The court sets a hearing date and all parties may have an opportunity to speak and present evidence. The court will then issue a new order based on the evidence and the argument presented.
If the court grants the petition, the new child support order will replace the existing order. It is important to note that the court cannot retroactively modify a child support order. This means that any changes to the order will only apply to payments made after the court issues the new order. Once the new order is issued, both parties must abide by its terms.