Louisiana Revised Statutes 9:315.41 – Notice of child support delinquency; suspension of license
Terms Used In Louisiana Revised Statutes 9:315.41
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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 on a support arrearage pursuant to a court order or written agreement with the department, 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 9:315.40
- Department: means the Department of Children and Family Services, office of children and family services. See Louisiana Revised Statutes 9:315.40
- Docket: A log containing brief entries of court proceedings.
- 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 9:315.40
- Licensing authority: means any state board, commission, department, agency, officer, or other entity which issues, authorizes, or otherwise regulates licenses as defined in Paragraph (4) of this Section. See Louisiana Revised Statutes 9:315.40
- Obligor: means any individual legally obligated to support a child or children pursuant to an order of support. See Louisiana Revised Statutes 9:315.40
- 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 9:315.40
- suspension: includes a temporary suspension of the registration, including the seizure of the vehicle license plate, trailer license plate, or a certificate of identification or registration of a motorboat or sailboat for an indefinite period of time or the denial of an application for issuance or renewal of a registration or license plate. See Louisiana Revised Statutes 9:315.40
A. The department may send by certified mail, return receipt requested, a notice of child support delinquency to an obligor who is not in compliance with an order of support informing the obligor of the department’s intention to submit his name to the licensing authority for suspension of his license. If an obligor holds multiple licenses, the department may issue a single notice of its intention to submit multiple suspensions. When the obligor has one or more motor vehicles, personal watercraft, motorboats, sailboats, all-terrain vehicles or trailers registered in his name, the notice shall inform the obligor of the department’s intention to suspend the registration of all of them as well. A non-obligor spouse who uses any such vehicle may so inform the department by notarized affidavit, and thereby retain the use of that vehicle and its license.
B. A notice of child support delinquency shall include all of the following:
(1) A summary of the obligor’s right to file a written objection to the suspension of his license, including the time within which such objection must be filed and the address where the objection must be filed.
(2) A brief description of the administrative hearing and location of such hearing if the obligor timely files a written objection.
(3) The municipal address and telephone number of the department that issued the notice of child support delinquency.
(4) The docket number and court which issued the order of support.
(5) A statement of the amount of past-due support.
(6) A brief summary of what the obligor must do to come into compliance or to forestall the suspension.
Acts 1995, No. 751, §1; Acts 2001, No. 612, §1, eff. June 22, 2001; Acts 2004, No. 319, §1.