RS 9:315.13

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RS 9:315.13

§315.13. Amounts not set forth in or exceeding schedule

A. If the combined adjusted gross income of the parties falls below the lowest level specified in the schedule contained in R.S. 9:315.19, the court shall determine an award of child support based on all of the following:

(1)Actual earnings or income.

(2)The factors listed in R.S. 9:315.11.

(3)Any other evidence of a parent's ability to pay.

B. If the combined adjusted gross income of the parties falls between two amounts shown in the schedule contained in R.S. 9:315.19, the basic child support obligation shall be based on an extrapolation between the two amounts.

C. If the combined adjusted gross income of the parties exceeds the highest level specified in the schedule contained in R.S. 9:315.19, the court:

(1)Shall use its discretion in setting the amount of the basic child support obligation in accordance with the best interest of the child and the circumstances of each parent as provided in Civil Code Article 141, but in no event shall it be less than the highest amount set forth in the schedule.

(2)May order that a portion of the amount awarded be placed in a spendthrift trust for the educational or medical needs of the child. The trust shall be administered, managed, and invested in accordance with the Louisiana Trust Code. The trust instrument shall name the child as sole beneficiary of the trust, shall name a trustee, shall impose maximum spendthrift restraints, and shall terminate when the child attains twenty-four years of age, unless the parties agree to a later date. The trustee shall furnish security unless the court, in written findings of fact, dispenses with security.

D. 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.

Acts 1989, 2nd Ex. Sess., No. 9, §1, eff. Oct. 1, 1989; Acts 1995, No. 1121, §1; Acts 1997, No. 1009, §1; Acts 2001, No. 1082, §1; Acts 2008, No. 579, §1; Acts 2024, No. 448, §2, eff. Jan. 1, 2025.