Child Support

Child Support in Jefferson Parish

Both parents have a continuing legal obligation to support their children financially. When parents separate, divorce, or were never married, the court may establish child support based on the parents’ incomes, the custody arrangement, and the reasonable needs of the children.

At Marino & Ehle, LLC, attorney Davidson S. Ehle III handles select child-support and related family-law matters in Jefferson Parish. He represents parents seeking support as well as parents who may be required to pay support.

How Custody Affects Child Support

The amount of child support may depend in part on how physical custody is divided between the parents.

Sole or Primary Physical Custody

When a child lives primarily with one parent, the other parent ordinarily pays child support to the custodial or domiciliary parent.

The amount is generally calculated under Louisiana’s basic child-support guidelines using both parents’ adjusted gross incomes, the number of children, and applicable child-related expenses.

Shared Custody

Louisiana defines shared custody as an arrangement in which each parent has physical custody of the child for an approximately equal amount of time.

Shared custody does not eliminate child support. Instead, Louisiana uses a separate calculation that accounts for:

• Each parent’s adjusted gross income
• Each parent’s proportionate share of the combined income
• The actual percentage of time the child spends with each parent
• The increased expense of maintaining two households
• Work-related childcare
• Health-insurance premiums
• Extraordinary medical and other qualifying expenses
• Direct payments made by either parent for the child

The parent with the greater calculated obligation pays the difference between the two theoretical obligations. Although the higher-income parent often makes the payment, the calculation depends on all relevant financial information and the actual custody schedule. Louisiana uses Worksheet B for shared-custody calculations.

Split Custody

Split custody may exist when there is more than one child and each parent has sole custody of at least one child.

Louisiana uses a separate calculation to determine the support owed in split-custody arrangements.

How Louisiana Calculates Child Support

Louisiana’s child-support guidelines use an income-shares model. The underlying principle is that children should share in the current income of both parents and should not become the economic victims of divorce or separation.

The basic calculation generally involves the following steps:

1. Determine each parent’s monthly gross income.
2. Subtract allowable preexisting child-support and spousal-support obligations to determine adjusted gross income.
3. Combine the parents’ adjusted gross incomes.
4. Determine each parent’s percentage share of the combined income.
5. Use the Louisiana child-support schedule and number of children to determine the basic support obligation.
6. Add qualifying childcare, insurance, medical, and extraordinary expenses.
7. Allocate the total obligation between the parents according to their percentage shares of income.
8. Apply the custody arrangement and any authorized credits or adjustments.

Each parent generally must provide a verified income statement and documentation of current and past earnings, including recent pay records and the most recent federal tax return. Additional documentation is required when a parent owns an interest in a business.

What Is Included in the Total Child-Support Obligation?

The total support obligation may include more than the basic amount shown on the statutory schedule.

Qualifying additions may include:

• Work-related net childcare costs
• Health-insurance premiums attributable to the child
• Extraordinary medical expenses
• Certain special educational expenses
• Other extraordinary expenses authorized by law

After these amounts are included, each parent is generally responsible for a proportionate share based on that parent’s percentage of the combined adjusted gross income.

What Counts as Income?

Louisiana’s child-support guidelines define gross income broadly. Depending on the circumstances, income may include:

• Salaries and wages
• Commissions
• Bonuses
• Overtime
• Severance pay
• Self-employment or business income
• Partnership or shareholder distributions
• Interest and dividends
• Annuities
• Capital gains
• Rental income
• Pensions
• Social Security benefits
• Workers’ compensation
• Disability benefits
• Unemployment benefits
• Recurring monetary gifts
• Spousal support received from a former spouse under a preexisting order
• Expense reimbursements or in-kind payments that significantly reduce personal living expenses

Income is not always limited to what appears on a paycheck or tax return. The court may examine whether a parent receives personal benefits through a business or employer, such as:

• Housing
• A company vehicle
• Payment of personal expenses
• Meals
• Insurance
• Travel
• Other benefits that reduce ordinary living costs

Self-Employment and Business Income

Determining income can be more difficult when a parent owns a business, works for a family company, or is self-employed.

Relevant records may include:

• Personal and business tax returns
• W-2 and 1099 forms
• Schedule K-1 forms
• Profit-and-loss statements
• Balance sheets
• Bank statements
• Sales-tax records
• General ledgers
• Credit-card statements
• Records of owner draws and distributions
• Documentation of business-paid personal expenses

Louisiana law requires substantial financial documentation when a support obligor owns an interest in a business. The court may look beyond taxable income when business deductions, retained earnings, personal expenses, or other transactions affect the parent’s actual financial resources.

Voluntary Unemployment or Underemployment

A parent generally cannot avoid a child-support obligation by voluntarily choosing not to work or by deliberately earning less than reasonably possible.

When a parent is voluntarily unemployed or underemployed, the court may calculate support using the parent’s earning potential rather than actual reported earnings.

Relevant considerations may include:

• Education
• Training
• Work history
• Occupational qualifications
• Health
• Local employment opportunities
• The reason for leaving or reducing employment
• Childcare responsibilities
• Whether the reduction in income was made in good faith

A genuine job loss, disability, career change, or necessary caregiving responsibility may be treated differently from an intentional attempt to reduce support.

The Self-Sufficiency Reserve

Louisiana’s child-support schedule incorporates a self-sufficiency reserve for low-income support obligors.

The reserve is intended to reduce the risk that a very low-income parent will be left without enough income to meet basic personal needs after paying child support. It does not eliminate the duty to support a child, but it may affect the amount calculated under the guidelines.

Deviations from the Child-Support Guidelines

The amount produced by the statutory calculation is presumed to be correct, but the court may deviate from the guideline amount when applying it would be inequitable to the child or either parent.

A deviation must be supported by the facts and explained by the court.

Possible considerations may include:

• Extraordinary medical or educational needs
• Special transportation expenses
• Unusual custody arrangements
• A parent’s legal obligation to support other dependents
• Extraordinary income or financial circumstances
• The child’s independent income
• Other circumstances recognized by Louisiana law

When the parents’ combined adjusted gross income exceeds the highest amount listed in the statutory schedule, the court has discretion to set support based on the child’s best interests and the circumstances of the parents, but the basic obligation generally cannot be lower than the highest scheduled amount.

Child Support in High-Income Cases

High-income cases may involve expenses and a standard of living not fully reflected by the ordinary statutory schedule.

The court may consider:

• Private-school tuition
• Tutoring
• Extracurricular activities
• Travel
• Specialized medical care
• Childcare
• Transportation
• The child’s lifestyle before the parents separated
• The financial circumstances of both parents

The objective remains support of the child rather than equalization of the parents’ incomes.

Health Insurance and Medical Expenses

A child-support order may address:

• Which parent must maintain health insurance
• How the premium attributable to the child is allocated
• Payment of ordinary uninsured medical expenses
• Extraordinary medical, dental, orthodontic, psychological, or therapeutic expenses
• How reimbursement requests must be documented and submitted

In shared-custody cases, each parent may be ordered to pay a proportionate share of reasonable and necessary uninsured ordinary medical expenses.

Modification of Child Support

A child-support order may be modified when there has been a material change in circumstances.

Possible changes may include:

• A substantial increase or decrease in either parent’s income
• Job loss
• Disability
• Retirement
• A significant change in the custody schedule
• A change in childcare expenses
• Loss or acquisition of health-insurance coverage
• A change in the child’s medical or educational needs
• A child reaching the age at which support terminates
• A change in the number of children covered by the order

A change in income does not automatically change the amount owed. The existing judgment generally remains enforceable until it is modified by the court or through another legally valid procedure.

A parent should not simply reduce or stop payments because circumstances have changed.

Enforcement of Child Support

When court-ordered support is not paid, enforcement measures may include:

• Income assignment or wage withholding
• Contempt proceedings
• Accumulation of arrears
• Judicial interest
• Interception of tax refunds
• Suspension of certain licenses
• Liens or other collection remedies
• Other enforcement authorized by Louisiana law

A parent accused of nonpayment may have defenses concerning the amount owed, credits, direct payments, inability to pay, or the proper interpretation of the judgment. However, informal agreements between parents may not change the enforceable amount stated in the court order.

When Does Child Support End?

Child support ordinarily terminates when a child reaches the age of majority—18 years old—or is otherwise legally emancipated.

However, support automatically continues for an unmarried child who:

• Is a full-time student in good standing in a secondary school or its equivalent;
• Has not yet reached age 19; and
• Remains dependent on either parent.

When the order provides a separate amount for each child, support for that child generally terminates automatically upon majority or emancipation, subject to applicable exceptions.

When one combined amount is awarded for multiple children, the full award may continue until the youngest child reaches majority or is emancipated unless the order is modified.

Support for a Child with a Disability

Louisiana law also permits child support to continue in qualifying cases involving a child with a developmental, intellectual, or physical disability.

Depending on the circumstances:

• Support for a minor child with a developmental disability may continue until age 22 while the child remains a full-time secondary-school student.
• Support may continue indefinitely when a child is incapable of self-support and requires substantial care and personal supervision because of a disability that existed and manifested during minority.

Special procedural requirements and burdens of proof apply. A request to continue support should be addressed before the existing obligation terminates.

Financial Documents to Bring to a Consultation

A parent seeking advice about child support should consider bringing:

• Recent pay stubs
• The most recent federal and state tax returns
• W-2 and 1099 forms
• Bank statements
• Proof of health-insurance premiums
• Childcare invoices
• Records of extraordinary medical expenses
• School and activity expenses
• Existing custody and support judgments
• Documentation of preexisting support obligations
• Business records if self-employed
• A proposed or existing custody schedule

Complete financial information helps the attorney evaluate the likely guideline calculation and identify disputed income or expense issues.

What Davidson S. Ehle III Can Do for You

Davidson S. Ehle III can help parents understand how Louisiana’s child-support guidelines apply to their custody and financial circumstances.

His representation may include:

• Calculating guideline child support
• Determining whether Worksheet A, B, or another calculation applies
• Reviewing income and expense documentation
• Investigating self-employment and business income
• Addressing voluntary unemployment or underemployment
• Identifying allowable expenses and credits
• Preparing for child-support hearings
• Negotiating stipulated support agreements
• Seeking modification of an existing order
• Defending against an unsupported request for increased support
• Addressing enforcement and arrearage disputes
• Coordinating child-support issues with custody, divorce, and spousal-support proceedings

The objective is to present accurate financial information and seek an order that reflects Louisiana law and the children’s legitimate needs.

Contact a Jefferson Parish Child Support Lawyer

If child support is an issue in your separation, divorce, custody case, or paternity proceeding, obtaining legal advice early can help you understand the likely calculation and prepare the necessary financial records.

Contact Marino & Ehle, LLC to schedule a paid consultation with Davidson S. Ehle III regarding the establishment, modification, or enforcement of child support in Jefferson Parish.