Louisiana Revised Statutes 9:315.34 – Subsequent compliance; order of compliance; order of partial compliance
Terms Used In Louisiana Revised Statutes 9:315.34
- Compliance with an order of support: means that the support obligor is no more than ninety days in arrears in making payments in full for current support or in making periodic payments as set forth in a court order of support, and has obtained or maintained health insurance coverage if required by an order of support. See Louisiana Revised Statutes 9:315.31
- Court: means any court exercising jurisdiction over the determination of child support, paternity, or criminal neglect of family proceedings. See Louisiana Revised Statutes 9:315.31
- Department: means the Department of Children and Family Services when rendering child support enforcement services in TANF or non-TANF cases. See Louisiana Revised Statutes 9:315.31
- License: means any license, certification, registration, permit, approval, or other similar document evidencing admission to or granting authority for any of the following:
(a) To engage in a profession, occupation, business, or industry. See Louisiana Revised Statutes 9:315.31
- Obligor: means any individual legally obligated to support a child or children pursuant to an order of support. See Louisiana Revised Statutes 9:315.31
- Order of support: means any judgment or order for the support of dependent children issued by any court of this state or another state, including any judgment or order issued in accordance with an administrative procedure established by state law that affords substantial due process and is subject to judicial review. See Louisiana Revised Statutes 9:315.31
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Subpoena: A command to a witness to appear and give testimony.
A.(1) An obligor is in subsequent compliance with an order of support when all of the following occur:
(a) The obligor is up to date with current child support payments.
(b) All past-due support has been paid or, if periodic payment for past-due support has been ordered by the court, the obligor is making such payments in accordance with the court order.
(c) The obligor has fulfilled the required health insurance provisions, if any, in the order of support.
(2) A person is in subsequent compliance with a subpoena or court order when the court rescinds the order of contempt.
B.(1) Upon motion of an obligor who is in subsequent compliance with an order of support and after a contradictory hearing or upon rescission of an order of contempt, the court shall issue an order of compliance indicating that the obligor is eligible to have all licenses reissued. In cases where the department is providing support enforcement services, the court shall issue an ex parte order of compliance upon filing of written certification by the department that the obligor is in compliance.
(2) At the request of an obligor or other individual for whom an undue financial hardship will occur or has occurred as a result of the loss of his driver’s license and upon a showing of good faith, the court may issue an order of partial compliance authorizing the issuance of a temporary license in accordance with La. Rev. Stat. 9:315.33(C).
Acts 1995, No. 1078, §1, eff. Jan. 1, 1996; Acts 1997, No. 1249, §1, eff. July 1, 1997; Acts 1999, No. 559, §1, eff. July 1, 1999.