RS 46:238

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RS 46:238

§238. Unpaid child support; release of information

A. The legislature hereby finds and declares that the enforcement of child support orders and the collection of child support is in the best interest of its citizens by providing resources for the children who are the beneficiaries of those payments and by relieving burdens upon the public fisc. The legislature further declares that the cooperative endeavors authorized by this Section are for a public purpose as envisioned by Article VII, Section 14(C) of the Louisiana Constitution.

NOTE: Subsections (B)-(E)(intro. para.) eff. until Oct. 1, 2027. See Acts 2025, No. 477.

B. The Department of Children and Family Services, office of children and family services, may participate in cooperative endeavors with private attorneys to release information authorized by this Section for the purpose of collecting unpaid child support in accordance with the provisions of this Section.

C. When a private attorney retained by the obligee receives a certification from the office of children and family services that an obligor is in arrears in the payment of child support for more than six months or whose whereabouts have been unknown for more than six months, the private attorney retained by the obligee may apply to the district court for the parish where the order is being enforced for an ex parte order on a motion to determine that the obligor is in arrears or is an absentee.

D. If the court finds that the obligor is in arrears for more than six months or whose whereabouts have been unknown for more than six months, the court may authorize the office of children and family services to enter into cooperative endeavors with a private attorney who has been retained by the obligee for the purpose of collecting the unpaid child support in the obligee's case.

E. Pursuant to a cooperative endeavor authorized by the provisions of this Section and to the extent allowed by state and federal laws and regulations, the office of children and family services shall provide to a private attorney who has been retained by the obligee for the purpose of collecting unpaid child support all of the following information that it may have regarding the obligor:

NOTE: Subsections (B)-(E)(intro. para.) as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.

B. The Department of Children and Family Services, office of child support, may participate in cooperative endeavors with private attorneys to release information authorized by this Section for the purpose of collecting unpaid child support in accordance with the provisions of this Section.

C. When a private attorney retained by the obligee receives a certification from the office of child support that an obligor is in arrears in the payment of child support for more than six months or whose whereabouts have been unknown for more than six months, the private attorney retained by the obligee may apply to the district court for the parish where the order is being enforced for an ex parte order on a motion to determine that the obligor is in arrears or is an absentee.

D. If the court finds that the obligor is in arrears for more than six months or whose whereabouts have been unknown for more than six months, the court may authorize the office of child support to enter into cooperative endeavors with a private attorney who has been retained by the obligee for the purpose of collecting the unpaid child support in the obligee's case.

E. Pursuant to a cooperative endeavor authorized by the provisions of this Section and to the extent allowed by state and federal laws and regulations, the office of child support shall provide to a private attorney who has been retained by the obligee for the purpose of collecting unpaid child support all of the following information that it may have regarding the obligor:

(1)Social security number.

(2)Address.

(3)Driver's license number.

(4)Information from hunting licenses.

(5)Tax records.

(6)Information from professional licenses.

NOTE: Paragraph (E)(7) eff. until Oct. 1, 2027. See Acts 2025, No. 477.

(7)Any other information which the office of children and family services reasonably believes will assist in the collection of child support.

NOTE: Paragraph (E)(7) as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.

(7)Any other information which the office of child support reasonably believes will assist in the collection of child support.

(8)Information received from other states through interstate registration of support orders.

NOTE: Subsection F eff. until Oct. 1, 2027. See Acts 2025, No. 477.

F. Nothing in this Section shall authorize the Department of Children and Family Services or the child support enforcement section to contract for hire with any private attorney or entity for the collection of child support or the provision of IV-D services.

NOTE: Subsection F as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.

F. Nothing in this Section shall authorize the Department of Children and Family Services or the office of child support to contract for hire with any private attorney or entity for the collection of child support or the provision of IV-D services.

G. Any district attorney under contract to the Department of Children and Family Services to provide child support services shall not be authorized to release information to a private attorney under the provisions of this Section.

H. Nothing in this Section shall limit the Department of Children and Family Service's contractual authority.

Acts 1999, No. 1003, §1; Acts 2012, No. 255, §7; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.