Could a Louisiana court charge the expedited child-support process fee in a case outside that process?

Plain-English summary

Louisiana's family support program asked whether courts could charge the administrative fee for expedited paternity and support proceedings in cases that had not gone through the expedited court system. In Opinion 03-0017, the Attorney General said no. He read the fee as funding the administrative costs of the expedited process and concluded that it could not be collected on cases outside that system.

The opinion quoted a statute allowing a court to assess a fee of no more than five percent of existing and future support obligations. The statute put the fee on the support payor, allowed assessment against arrearages or ongoing payments, and said the fee could not reduce support owed to the recipient. The AG's answer addressed which cases qualified for the fee, not whether a particular court had assessed one correctly.

Currency note

This opinion was issued in 2003. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

What the opinion meant at issuance

Courts and support enforcement staff

The AG said the administrative fee was available for cases brought through the expedited court system and was used to fund that process's costs. He identified hearing officer and court staff salaries, space, supplies, and equipment as examples of those costs. The opinion excluded cases not brought through the expedited system.

Support payors and recipients

The statute quoted in the opinion assigned the fee only to the payor of support and capped it at five percent of the obligations described. It said the assessment could not reduce the amount of child support owed to the recipient.

Common questions

Q: Could a court charge the expedited-process fee in an ordinary support case? A: The AG said no if the case was not brought through the expedited court system.

Q: How large could the fee be under the statute quoted in the opinion? A: No more than five percent of existing and future support obligations. The opinion treated that money as funding the expedited process's administrative costs.

Q: Could the fee be assessed when the payor had no past-due support? A: The quoted statute allowed assessment against ongoing support payments whether or not an arrearage existed, but the AG's answer still limited the fee to cases in the expedited system.

Q: Could the fee reduce what the support recipient was owed? A: No. The statutory text quoted in the opinion said the fee was assessed only against the payor and could not reduce the child support owed to the recipient.

Background and statutory framework

The request asked about LSA-R.S. 46:236.5 and court procedures for establishing paternity and establishing or enforcing support. The opinion quoted Louisiana R.S. 46:236.5B(1), which required courts with jurisdiction over those matters to implement an expedited process and permitted a fee by court order or rule to fund it. The AG also referred to Attorney General Opinion 00-83 on implementation and costs. The first-page date stamp is illegible in the PDF extract, so the exact issue date is left blank.

Citations and references

Authority in the opinion: LSA-R.S. 46:236.5, including Louisiana R.S. 46:236.5B(1); Attorney General Opinion 00-83.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0017

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

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DEPARTMENT OF JUSTICE
One American Place
301 Ma~n Street, Suite 600
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P.O Box 94005
BATON ROUGE
TEL’(225) 342-7013
FAX, (225) 342-2090
RICHARD P. IEYOUB
70804-9005
ATTORNEY GENERAL

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OPINION NUMBER 03-0017

Sect=on 15
Courts
46-A
Fees and Costs

Ms. Sandra A. Broussard
R.S. 46:236.5
Family Support Program Director
The administrative fee of not more than five per(:ent of all
for Administration
existing and future support obligations may be collected to fund
Department of Social Services
the administrative costs of a system for expedited process.
Thus, any case that is heard under the expedited process as
Support Enforcement Services
required by La. R.S. 46:236.5B (1) qualifies for the
530 Lakeland
admintstrative fee.

Baton Rouge, LA 70804-4065

Dear Ms. Broussard:

You have requested an opinion of this office on LSA-R.S. 46:236.5 regarding expedited process for establishment of paternity and establishment or enforcement of support. Specifically, you ask if this statute authorizes the courts to assess an administrative fee for expedited process on cases that have not been brought through the expedited court system.

Louisiana R.S. 46:236.5B(1) states:

Any court with jurisdiction to establish paternity or to establish or enforce support obligations shall implement an expedited process for the establishment or enforcement thereof in accordance with existing judicial procedures or the provisions of Subsection C of this Section. "Expedited process" means administrative or expedited judicial processes or both which increase effectiveness and meet completion time frames specified in Paragraphs (1) and (2) of Subsection A of this Section. Such a court may collect and distribute support obligations and may, by court order or rule, assess and collect a sum payable by the obligor as a fee of not more than five percent of all existing and future support obligations to fund the administrative costs of a system for expedited process.
The fee may be assessed and collected against existing and future arrearages as well as ongoing support payments, whether or not an arrearage exists. The fee shall be assessed only against the payor of support and such assessment shall not reduce the amount of child support owed the obligee.

Opinion No. 03-0017
Sandra A. Broussard
Department of Social Services
Office of Family Support
Support Enforcement Services
Page: -2-

Under Louisiana R.S. 46:236.5, courts hearing child support and paternity matters are required to have procedures in place to expedite those cases. (Attorney General Opinion 00-83.)

The courts having jurisdiction over child support and paternity matters shall implement an expedited process and may appoint a hearing officer or use existing judicial procedures to implement an expedited process. The courts use the fee to fund the administrative costs associated with the expedited judicial proceedings, including salaries of hearing officers and other court personnel, courtroom and office space, supplies and equipment. (Attorney General Opinion 00-83).

Based on both the statute and a prior Attorney General Opinion, the administrative fee of not more than five percent of all existing and future support obligations may be collected to fund the administrative costs of a system for expedited process. It may not be collected on cases that are not brought through the expedited court system.

If we can be of further assistance, please do not hesitate to contact this office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

SUE MCNABB
Assistant Attorney General

RPI :SM/sfj