Louisiana Revised Statutes 9:315.46 – Subsequent compliance with support order; compliance and partial compliance releases
Terms Used In Louisiana Revised Statutes 9:315.46
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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. An obligor is in subsequent compliance with an order of support when all of the following occur:
(1) The obligor is up to date with current child support payments.
(2) All past-due support has been paid or either of the following has occurred:
(a) 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.
(b) If periodic payment has not been ordered by the court and the obligor is unable to pay all past-due support, the obligor is making periodic payments pursuant to and in accordance with the terms of a written agreement entered into with the department.
(3) The obligor has fulfilled the required health insurance provisions, if any, in the order of support.
B. At the request of an obligor who is in subsequent compliance with an order of support, the department shall issue a compliance release certificate indicating that the obligor is eligible to have his license reissued.
C. At the request of an obligor who provides evidence of his ability to comply with the support order and who enters into a written agreement with the department, the department may issue a certificate of partial compliance requesting that the suspension be lifted or modified. The secretary of the department shall have the authority to promulgate rules and regulations and take such action as may be necessary to implement the provisions of this Section.
D. Any certificate issued pursuant to this Section shall be in writing unless the department and licensing authority agree that the department will transmit the certification in an electronic format in accordance with La. Rev. Stat. 9:315.44(C).
Acts 1995, No. 751, §1; Acts 2012, No. 613, §1; Acts 2017, No. 298, §1.