Abstract: Provides for child support guidelines.
Present 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).
Proposed law retains present law but provides that the proceedings are in accordance with R.S.
9:315.22.1.
Present law (R.S. 9:315.1(B)(2)) provides that as a direct result of Hurricane Katrina or Rita, the
courts may deviate from the child support guidelines if the guidelines would not be in the best
interest of the child.
Proposed law removes present law.
Present law (R.S. 9:315.1(C)) provides that in determining whether to deviate from the guidelines,
the court's considerations may include:
(1) That the combined adjusted gross income of the parties is equal to or less than nine hundred
fifty dollars.
(2) That the combined adjusted gross income of the parties is not within the amounts shown on
the schedule in R.S. 9:315.19.
Proposed law repeals present law.
Present law (R.S. 9:315.11(A)(2)) provides that absent evidence of a party's actual income or income
earning potential, there is a rebuttable presumption that the party can earn a weekly gross amount
equal to thirty-two hours at a minimum wage, according to the laws of his state of domicile or
federal law, whichever is higher.
Proposed law changes present 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.
Present law (R.S. 315.11(C)(1)) provides that a party shall not be deemed voluntarily unemployed
or underemployed if he has been temporarily unable to find work or has been temporarily forced to
take a lower-paying job as a direct result of Hurricane Katrina or Rita.
Proposed law provides that a party shall not be deemed voluntarily unemployed or underemployed
if they are responsible for the care of a disabled child.
Proposed 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.
Proposed 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.
Proposed 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.
Proposed 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.
Present law (R.S. 9:315.22(E)) provides that an award for child support continues to a child with a
intellectual or physical disability and the action may be filed regardless of the age of the child. Either
the major child or his tutor or curator is the proper party to file the action.
Proposed law repeals present law.
Proposed 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.
Proposed 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
determine by law may file actions related to the support.
Effective Jan. 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))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill:
1. Make a technical change.
2. Provide that when the amount for child support is not set in the schedule, 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.
The House Floor Amendments to the engrossed bill:
1. Make technical changes.


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)