Getting State Support In Enforcing Child Support

In summary, any individual or entity with a legal or custodial relationship with a child who needs financial support can apply for child support services through DCFS. This includes parents, guardians, and sometimes state agencies, depending on the situation.

The following people can initiate the application process:

1. Custodial Parent or Legal Guardian

• Custodial Parent: The parent who has primary physical custody of the child and is responsible for their day-to-day care can apply for child support services to obtain financial support from the non-custodial parent.

• Legal Guardian: A legal guardian who has been granted custody of a child by the court, such as a grandparent, relative, or other responsible adult, can also apply for child support services on behalf of the child.

2. Non-Custodial Parent

• Non-Custodial Parent Seeking to Establish Paternity: If the non-custodial parent wishes to establish paternity and/or secure visitation or custody rights, they can apply for child support services to formalize their obligations and rights through the court.

• Non-Custodial Parent Seeking to Modify Child Support: A non-custodial parent can also apply for services if they believe the existing child support order needs to be modified due to changes in circumstances, such as a change in income or custody arrangements.

3. Caretaker or Relative

• Caretaker or Relative with Physical Custody: A caretaker or relative who is not the legal guardian but has physical custody of the child may also apply for child support services to ensure the child receives financial support from the parents.

4. State Agencies

• Public Assistance Recipients: If the custodial parent or guardian is receiving public assistance, the state may automatically initiate a child support case to recoup benefits paid out. The state agency may apply on behalf of the child to ensure that the non-custodial parent contributes to the child's financial needs.

5. Unmarried Parents

• Parents Not Married to Each Other: Unmarried parents, whether custodial or non-custodial, can apply for child support services to establish paternity and obtain or enforce a child support order.

Here's an overview of the application fee costs, when applying for child support services through the Louisiana Department of Children & Family Services (DCFS): 

Application Fee

• Non-Public Assistance Applicants: If you are not receiving public assistance (such as FITAP), there may be a nominal application fee to initiate child support services. In Louisiana, this fee is typically $25.
• Public Assistance Applicants: If you are receiving public assistance, the application fee is usually waived. The state automatically provides child support services to recipients of FITAP, Medicaid, and other public assistance programs without requiring an application fee.

Applying for child support services through the Louisiana Department of Children & Family Services (DCFS) is a straightforward process, but it requires specific documentation to ensure that your case is handled efficiently. Here's a step-by-step guide on how to apply and what you need to provide for the online application process: 

• Visit the DCFS Website: Go to the Louisiana DCFS website and navigate to the Child Support Enforcement section. Navigate to "Apply for Services." 

• Create an Account: If you don’t have an account, you’ll need to create one through the DCFS CAFE (Common Access Front End) portal.

• Complete the Application: Fill out the online application form, providing all required information about yourself, the child(ren), and the non-custodial parent.

• Submit the Application: After completing the form, submit it electronically through the portal.

Required Documentation

When applying for child support services, you’ll need to provide several key documents. These documents help DCFS establish paternity (if needed), locate the non-custodial parent, and determine appropriate child support amounts. Here is a list of documents you might need: 

1. Identification

   • Your Government-Issued ID: Driver’s license, state ID, or passport.

   • Social Security Number: Your Social Security number and the Social Security number of the child(ren) involved.

2. Child Information

   • Birth Certificate: A copy of each child’s birth certificate.

   • Social Security Card: A copy of each child’s Social Security card.

3. Proof of Relationship

   • Marriage or Divorce Decree: If applicable, provide a copy of your marriage certificate, divorce decree, or any legal separation documents.

   • Paternity Documents: If paternity has already been established, provide copies of the Acknowledgment of Paternity or court orders relating to paternity.

4. Financial Information

   • Income Documentation: Recent pay stubs, tax returns, or W-2 forms for both yourself and the non-custodial parent if available.

   • Proof of Expenses: Documentation of child-related expenses, such as daycare, health insurance, or educational costs.

5. Public Assistance Records: If you are receiving public assistance (FITAP, Medicaid, etc.), provide documentation of these benefits.

6. Non-Custodial Parent Information

   • Personal Details: Name, address, date of birth, and Social Security number of the non-custodial parent.

   • Employment Information: Employer’s name, address, and phone number.

   • Photographs: A recent photo of the non-custodial parent may be helpful.

   • Other Information: Any details about the non-custodial parent’s assets, vehicles, or other financial resources.

The Louisiana Department of Children & Family Services (DCFS) determines the amount of child support based on state guidelines that consider various factors related to both parents' income and the needs of the child. For more information, see Child Support Guidelines for Calculation and Enforcement. 

The length of time it takes to complete the child support application process through the Louisiana Department of Children & Family Services (DCFS) can vary depending on several factors. Here’s a general timeline of what you can expect:

1. Initial Application Processing

   • Application Submission: Once you submit your application, whether online, by mail, or in person, it usually takes 2 to 4 weeks for DCFS to review the application and open a case.

   • Case Assignment: After the case is opened, it is assigned to a caseworker who will handle your case moving forward. This assignment typically occurs within the initial 2 to 4 weeks.

2. Gathering Information

   • Documentation Collection: During this phase, the caseworker will gather necessary documentation from you, the other parent, and any relevant third parties. The speed of this process depends on how quickly you and the other parent provide the required information. This step can take several weeks to a few months, especially if there are delays in obtaining the required documents.

   • Locating the Non-Custodial Parent: If the non-custodial parent’s location is unknown, the process of locating them can significantly extend the timeline, sometimes adding several months.

3. Establishing Paternity (if necessary)

   • Voluntary Acknowledgment: If paternity is voluntarily acknowledged by both parents, this step can be completed relatively quickly.

   • Genetic Testing: If genetic testing is required, the testing process, including scheduling, testing, and receiving results, can take 4 to 8 weeks.

   • Paternity Establishment: Once paternity is established, the case can proceed to the next steps.

   • For more information about paternity, see Paternity. 

4. Establishing a Child Support Order

   • Child Support Calculation: Once all necessary information is gathered, the DCFS will calculate the recommended child support amount using Louisiana’s guidelines. This process typically takes a few weeks.

   • Court Hearing: If a court hearing is required to establish the child support order, scheduling the hearing can add several weeks to a few months to the process, depending on the court’s availability.

   • Issuance of Order: After the court hearing, the child support order is issued. If both parties agree to the terms, the process may be quicker; if there is disagreement, it could take longer to finalize.

5. Enforcement of Child Support Order

   • Income Withholding: Once the order is issued, income withholding (garnishment of wages) can usually be set up within 1 to 2 pay periods of the non-custodial parent’s employer receiving the withholding notice.

   • Other Enforcement Actions: If the non-custodial parent does not comply with the order, additional enforcement actions may be required, which can add time to the overall process.

If a non-custodial parent doesn't pay child support, several enforcement methods can be used:

1. Wage Garnishment: The non-custodial parent's employer may be required to withhold a portion of their wages and send it directly to the custodial parent. For more information, see Garnishment Issues. 

2.  Tax Refund Interception: The state can intercept federal and state tax refunds to cover unpaid child support. For more information, see Intercepting Tax Refunds For Child Support. 

3. Suspension of Licenses: The non-custodial parent's driver's license, professional license, or even recreational license (like hunting or fishing) can be suspended.

4. Contempt of Court: The non-custodial parent can be held in contempt of court, which may result in fines or jail time.

5. Liens on Property: A lien can be placed on the non-custodial parent's property, such as a home or car, making it difficult to sell or refinance without paying the child support debt.

6. Seizure of Assets: The state can seize assets, including bank accounts, to pay for unpaid child support.

7. Denial of Passports: The non-custodial parent may be denied a passport until the child support is paid.

8. Credit Reporting: Unpaid child support can be reported to credit bureaus, affecting the non-custodial parent's credit score.

These enforcement methods ensure the child receives the financial support they need.

Yes, child support arrears (unpaid child support) can be collected. 

The process involves several steps and enforcement tools to recover the owed amounts:

1. Wage Garnishment: The state can order the non-custodial parent's employer to withhold a portion of their wages. This withheld amount is then applied to both current child support payments and arrears until the debt is paid off. For more information, see Garnishment Issues. 

2. Intercepting Tax Refunds: The state can intercept the non-custodial parent's federal and state tax refunds and apply them to the arrears. For more information, see Intercepting Tax Refunds For Child Support. 

3. Seizure of Assets: The state may seize funds from the non-custodial parent's bank accounts or other assets. This can also include the seizure and sale of property, like cars or real estate, to satisfy the arrears.

4. Liens: A lien can be placed on the non-custodial parent's property. This lien must be paid off before the property can be sold or refinanced, ensuring that the arrears are addressed.

5. Suspension of Licenses: The state can suspend the non-custodial parent's driver's license, professional licenses, and even recreational licenses until the arrears are paid or a payment plan is established.

6. Denial of Passports: The non-custodial parent may be denied a passport if they owe a significant amount in arrears, preventing international travel until the debt is resolved.

7. Credit Reporting: The state can report the arrears to credit bureaus, negatively impacting the non-custodial parent's credit score, which can motivate them to pay off the debt.

8. Court Action: The custodial parent or the state can bring the non-custodial parent to court for failing to pay child support. The court may order immediate payment or impose penalties, including jail time, for continued non-compliance.

9. Payment Plans: In some cases, the state may work with the non-custodial parent to set up a payment plan for paying off the arrears in installments.

These methods are designed to ensure that any unpaid child support is eventually collected, helping to provide for the child's needs.

If the non-custodial parent moves out of state, child support can still be enforced. The process involves cooperation between states and several legal tools:

1. Uniform Interstate Family Support Act (UIFSA): All U.S. states have adopted UIFSA, which allows states to enforce child support orders across state lines. This means that a child support order issued in one state can be enforced in another state where the non-custodial parent has moved.

2. Interstate Wage Garnishment: Under UIFSA, the state where the custodial parent resides can send a wage garnishment order to the non-custodial parent's employer in the new state. The employer is legally required to comply with the order and withhold the necessary amount from the non-custodial parent’s wages. For more information, see Garnishment Issues.

3. Tax Refund Interception and Asset Seizure: These enforcement methods can still be applied even if the non-custodial parent is in another state. The state enforcing the child support order can request that the new state assist with intercepting tax refunds or seizing assets. For more information, see Intercepting Tax Refunds For Child Support. 

4. License Suspension and Passport Denial: The custodial parent's state can coordinate with the new state to suspend the non-custodial parent's licenses. Additionally, passport denial for significant arrears applies nationwide, so moving to another state won't prevent this enforcement.

5. Interstate Court Actions: If necessary, the custodial parent can request that their state file an interstate petition under UIFSA to establish, modify, or enforce a child support order in the new state. The court in the new state is obligated to recognize and enforce the order.

6. Federal Enforcement: In cases of significant non-compliance, federal authorities can get involved, especially if the non-custodial parent crosses state lines to avoid paying child support. This could lead to federal criminal charges under the Deadbeat Parents Punishment Act if they owe a large amount in arrears and are intentionally avoiding payment.

These measures ensure that child support obligations are enforced regardless of where the non-custodial parent lives within the United States.

If your circumstances have changed, your child support order may be eligible for modification. Before the state child support agency, DCFS can request a modification, Child Support Enforcement (CSE) will perform a review. During the review, CSE will verify custodial and non-custodial parent's employment status, income, and any other information relevant to your circumstances. 

Your child support order is eligible for modification only if the review shows that one (or more) of the following are true: 

• The order was established/last modified more than three years ago;
• The monthly amount of the child support order differs by at least 25% according to child support guidelines; or
• A material and substantial change in circumstances has occurred since the child support order was last set.

To initiate a modification, the requesting parent must contact the DCFS Child Support Enforcement office, complete the necessary forms, and provide documentation of the change in circumstances. For more information, see Modifying Child Support. 

A significant change in circumstances is a substantial and lasting change that affects the financial situation or needs of either the parent or the child, making the current child support order inappropriate or unfair. Courts generally require that the change be substantial and not temporary to justify modifying a child support order. Common examples of significant changes include:

1. Change in Income:

   • Job Loss or Unemployment: If either parent loses their job or experiences a significant reduction in income, this could justify a modification.
   • Increase in Income: If the non-custodial parent receives a substantial raise, bonus, or new job with higher pay, the custodial parent may request an increase in support.
   • Underemployment: If a parent voluntarily takes a lower-paying job without a valid reason, the court may still impute income based on their earning potential.

2. Change in Child’s Needs:

   • Medical Needs: If the child develops a serious illness or disability requiring additional medical care or specialized services, this may warrant an increase in support.
   • Educational Expenses: Increased costs for education, such as private school tuition, tutoring, or college, may justify a modification.
   • Change in Childcare Costs: If childcare costs increase or decrease significantly, this may also be a reason to modify the support order.

3. Change in Custody or Parenting Time:

   • Change in Custody: If the child’s primary residence changes from one parent to the other, or if custody arrangements are significantly altered, this can be a basis for modifying support.
   • Change in Parenting Time: If the non-custodial parent spends significantly more or less time with the child, this could affect the amount of support owed.

4. New Obligations:

   • New Dependents: If either parent has additional children from a new relationship, the financial obligations to these new dependents might be considered.
   • Changes in Alimony or Other Support Obligations: If one parent’s financial obligations to another party change, this could impact their ability to pay or need for child support.

5. Changes in Cost of Living:

   • Significant Increase in Living Expenses: If either parent experiences a major change in their living expenses, such as moving to a more expensive area, this may qualify as a significant change.
   • Cost of Living Adjustments: Some states allow for modifications based on the cost of living adjustments without requiring a substantial change in circumstances.

6. Health Issues or Disability:

   • Permanent Disability: If either parent becomes permanently disabled and unable to work, this can justify a modification.
   • Chronic Illness: A long-term illness that affects either parent’s ability to earn income or requires additional expenditures for medical care can be grounds for modification.

7. Change in Legal Status:

   • Incarceration: If the non-custodial parent is incarcerated and unable to pay child support, this may be considered a significant change.

Louisiana DCFS will automatically review child support orders every three years if a parent is receiving public assistance, or if either parent requests a review. This is to ensure that the support amount reflects the current financial circumstances of both parents.

Either parent can request a review and potential modification of the child support order at any time if there has been a significant change in circumstances. Examples include a change in income, job loss, changes in the child’s needs, or a change in custody arrangements. For more information, see Modifying Child Support. 

While the three-year automatic review is standard, parents are not restricted to only one request for modification every three years. If a significant change occurs, they can request a review at any time. However, frequent requests without substantial justification may be denied.