When a parent stops paying court-ordered child support, Louisiana law provides several ways to collect what’s owed. You can request wage garnishment, work with the state’s Child Support Enforcement (CSE) agency, or file a contempt motion in court. For serious cases, criminal charges may apply when arrears exceed $2,500 or payments are more than six months overdue.
At Melancon, Rimes & Daquanno, we’ve represented Louisiana families in child support matters for nearly 20 years. In our experience, most parents don’t realize how many enforcement tools are available to them under Louisiana law. This guide walks through each option so you can take the right steps to collect the support your child is owed.
What Is Income Withholding (Wage Garnishment)?
Income withholding is the most direct way to collect child support. Louisiana law requires automatic wage withholding whenever a court issues a child support order. This means payments are deducted from the paying parent’s income before they ever receive it.
The court can only waive immediate withholding in limited circumstances, such as when both parents agree to a different payment method or when withholding wouldn’t serve the child’s best interest.
What Types of Income Can Be Garnished?
Child support isn’t limited to regular wages. Louisiana allows garnishment from:
- Paychecks and salaries
- Independent contractor payments
- Bonuses and commissions
- Unemployment benefits
- Workers’ compensation
- Disability benefits
- Retirement benefits and annuities
- Interest payments
- Legal settlements (including one-time payments)
If the paying parent receives income from any of these sources, that money can be garnished to satisfy their support obligation.
How to Request a Wage Garnishment
If automatic withholding wasn’t included in the original order, you can request an income assignment once the other parent falls one month behind on payments. The delinquent parent receives notice and has 15 days to contest the garnishment.
Once in place, withheld funds go to the Louisiana Department of Children and Family Services (DCFS), which then distributes them to you.
How the Louisiana Child Support Enforcement Agency Can Help
Louisiana’s Child Support Enforcement (CSE) program is part of DCFS and exists specifically to help parents collect support. You don’t have to hire an attorney to use CSE services, though having legal representation can speed up the process for complex cases.
How to Apply for CSE Services
Submit an application along with a $25 fee. This fee is typically waived if you receive public assistance. If CSE collects at least $550 for you in a year, a $35 annual fee may be deducted to cover federal program costs.
When you apply, provide as much information as possible about the non-paying parent: their employer, address, Social Security number, and any known bank accounts or property. This helps CSE locate assets and income.
Enforcement Tools CSE Can Use
Depending on how much back support is owed, CSE can pursue collection through several administrative methods without needing a new court order:
| Enforcement Tool | How It Works |
| Income withholding orders | Ongoing support and past-due amounts taken directly from paychecks or other income |
| Tax refund intercepts | State and federal tax refunds redirected toward child support debt |
| Bank account seizure | Funds seized directly from the delinquent parent’s bank accounts |
| Property liens | Liens filed against real estate prevent sale or refinancing until debt is paid |
| Credit bureau reporting | Unpaid debt reported to credit agencies, damaging the owing parent’s credit score |
| License suspension | Driver’s license, professional licenses, recreational licenses, and passport privileges suspended |
| Contempt referrals | Case referred to court when other methods fail |
CSE can also help locate an absent parent using state and federal databases, and they cooperate with other states when necessary.
Taking the Case to Court: Contempt Proceedings
If the state agency’s actions aren’t producing results, you can file a “rule for contempt” asking the court to hold the non-paying parent in contempt for violating the support order. This is a more aggressive approach that can result in fines and jail time.
What the Court Considers
To find a parent in contempt, the judge must determine the failure to pay was willful. Under Louisiana law, the court can find contempt if the parent:
- Knew about the support order AND
- Had the ability to pay at least some of the amount due but failed to do so, OR
- Could have earned or obtained the money through reasonable effort but willfully failed to try, OR
- Failed to cooperate with CSE programs designed to help them pay (if the child receives public assistance)
Penalties for Civil Contempt
If found guilty of contempt for unpaid child support, a parent can face:
- A fine of up to $500
- Up to 3 months in jail
- Both a fine and jail time
Louisiana law allows the judge to suspend the jail sentence if the parent pays the full past-due amount plus court costs. Courts often set a “purge amount” that must be paid to avoid incarceration.
Custody and Visitation Remain Separate
One thing we see clients struggle with: you cannot withhold visitation to pressure the other parent into paying. Louisiana treats support enforcement and custody as separate legal issues. Even if child support isn’t being paid, you must continue following the custody order. The reverse is also true. The paying parent must continue support payments even if they’re being denied visitation.
Both issues must be addressed through proper legal channels.
Criminal Penalties for Non-Payment
For serious cases, failing to pay child support can become a criminal matter. Louisiana’s “Deadbeat Parents Punishment Act” (Louisiana Revised Statutes 14:75) allows criminal prosecution when a parent’s support obligation has gone unpaid for over six months or arrears exceed $2,500.
Louisiana Criminal Nonsupport Penalties
| Offense Level | Criteria | Maximum Penalty |
| First offense (misdemeanor) | Over 6 months unpaid or arrears exceed $2,500 | Up to $500 fine and 6 months in jail |
| Subsequent offense (felony) | Repeat violation | Up to $2,500 fine and 2 years imprisonment |
| First offense charged as felony | Arrears exceed $15,000 and more than 1 year delinquent | Up to $2,500 fine and 2 years imprisonment |
In addition to fines and jail time, the court will order full restitution of all unpaid support. For first-time offenders, the judge may suspend the jail sentence if arrears are paid before sentencing.
Federal Prosecution for Interstate Cases
When a parent lives in a different state than the child or leaves the state to avoid paying, federal law (18 U.S.C. § 228) may apply:
- Over 1 year unpaid or more than $5,000 in arrears: Misdemeanor, up to 6 months federal prison
- Over 2 years unpaid or more than $10,000 in arrears: Felony, up to 2 years federal prison
Federal prosecution is relatively rare. These cases typically involve parents who deliberately cross state lines to evade their obligations.
Important Deadlines to Know
Acting quickly matters. Document every missed payment and keep records of all communication. Here are the key timeframes:
For requesting wage garnishment: You can request an income assignment as soon as the equivalent of one month’s payment is overdue.
For criminal prosecution: Louisiana can bring charges when support is more than 6 months overdue or arrears exceed $2,500.
For federal prosecution: Cases may be referred when support is more than 1 year overdue or arrears exceed $5,000.
What Happens to Unpaid Child Support?
Unpaid child support doesn’t disappear. Arrears remain owed until paid in full, and Louisiana can charge interest on formally judgmented arrears. Tools like tax refund intercepts and credit reporting continue until the debt is satisfied.
The law strongly favors the child receiving support. A parent who fails to pay will face mounting consequences until they fulfill their obligation.
When to Contact an Attorney
While CSE provides free services, there are situations where legal representation makes a significant difference:
- The other parent is contesting enforcement actions
- You suspect they’re hiding income or assets
- You’re facing a court hearing (either to enforce support or defend against contempt allegations)
- The case involves complex issues like interstate enforcement or modification requests
At Melancon, Rimes & Daquanno, we handle child support enforcement as part of our family law practice. When you work with us, you deal directly with one of our partners throughout your case. We’ll evaluate your situation, explain your options, and help you choose the most effective path forward.
Get Help With Your Child Support Case
If you’re owed child support in Louisiana and the other parent isn’t paying, you have options. Whether you pursue enforcement through CSE, contempt proceedings, or both, the law provides strong tools to collect what your child deserves.
We offer free consultations to discuss your situation. Call us at (225) 303-0455 or visit our office at 6700 Jefferson Hwy (Building 6), Baton Rouge, LA 70806. We’re here to help you understand your rights and take the next step.
