RÉSUMÉ DIGEST
ACT 448 (HB 770) 2024 Regular Session Carpenter
Existing law (C.C.P. Art. 10) provides that a court has jurisdiction over a proceeding for
support of an adult child with a disability as provided in R.S. 9:315.22(E).
New law retains existing law but provides that the proceedings are in accordance with R.S.
9:315.22.1.
Prior law (R.S. 9:315.1(B)(2)) provided that as a direct result of Hurricane Katrina or Rita,
the courts were authorized to deviate from the child support guidelines if the guidelines were
not in the best interest of the child.
New law removes prior law.
Prior law (R.S. 9:315.1(C)) provided that in determining whether to deviate from the
guidelines, the court was authorized to consider the following:
(1) That the combined adjusted gross income of the parties was equal to or less than
$950.
(2) That the combined adjusted gross income of the parties was not within the amounts
shown on the schedule in R.S. 9:315.19.
New law repeals prior law.
Prior law (R.S. 9:315.11(A)(2)) provided that absent evidence of a party's actual income or
income earning potential, there was a
rebuttable presumption that the party was able to earn a weekly gross amount equal to 32
hours at a minimum wage, according to the laws of his state of domicile or federal law,
whichever was higher.
New law changes prior law to provide that upon an express finding by the court that evidence
of a party's actual income or income earning potential is totally absent, there is a rebuttable
presumption that the party can earn a weekly gross amount equal to 32 hours at a minimum
wage.
Prior law (R.S. 315.11(C)(1)) provided that a party was not deemed voluntarily unemployed
or underemployed if he had been temporarily unable to find work or had been temporarily
forced to take a lower-paying job as a direct result of Hurricane Katrina or Rita.
New law removes the provision in prior law relating to Hurricanes Katrina and Rita and
provides that a party shall not be deemed voluntarily unemployed or underemployed if the
party is responsible for the care of a disabled child.
New law (R.S. 9:315.13(A)) provides that if the combined adjusted gross income of the
parties falls below the lowest level, the court shall determine an award for support based on
the following:
(1) Actual earnings or income.
(2) The factors listed in R.S. 9:315.1(A)(1).
(3) Any other evidence of a parent's ability to pay.
New law (R.S. 9:315(D)) provides that under no circumstances shall the court determine an
award of child support that is not in the best interest of the child or would be inequitable to
the parties.
New law (R.S. 9:315.14) provides the procedure and requirements for continuation of child
support for a minor child who has a developmental disability.
New law (R.S. 9:315.22(D)) provides that an award of child support shall be continued by
the court with respect to any minor child with a developmental disability. A contradictory
motion shall be filed before the minor child attains the age of majority or is emancipated,
relieving him of the disabilities attached to minority.
Prior law (R.S. 9:315.22(E)) authorized an award for child support to a child with a
intellectual or physical disability to continue and authorized the action to be filed regardless
of the age of the child. Further provided that the major child or his tutor or curator was the
proper party to file the action.
New law repeals prior law.
New law (R.S. 9:315.22.1(A)) provides that an award for child support continues to any
unmarried child who requires substantial care because of an intellectual or physical disability
that is manifested before the child attains the age of majority. A disability shall not include
substance abuse or addiction.
New law (R.S. 9:315.22.1) provides that an action to establish an initial award for custody
may be filed regardless of the age of the child. The domiciliary parent or any other proper
party as determined by law may file actions related to the support.
Effective January 1, 2025.
(Amends R.S. 9:315.1(B) and (C), 315.11(A)(2) and (C)(1), 315.13 and 315.22(C) and (D)
and C.C.P. Art. 10(A)(9); Adds R.S. 9:315.14 and 315.22.1; Repeals R.S. 9:315.21(F) and
315.22(E))


Statutes affected:
HB770 Original: 9:1(B), 9:11(A)(2), 9:22(C), 9:21(F)
HB770 Engrossed: 9:1(B), 9:11(A)(2), 9:22(C), 9:21(F)
HB770 Reengrossed: 9:1(B), 9:11(A)(2), 9:22(C), 9:21(F)
HB770 Enrolled: 9:1(B), 9:11(A)(2), 9:22(C), 9:21(F)
HB770 Act : 9:1(B), 9:11(A)(2), 9:22(C), 9:21(F)