Child Support Modification - Louisiana

RULE TO MODIFY CHILD SUPPORT

NOW INTO COURT comes [MOVER'S FULL LEGAL NAME], the ☐ plaintiff ☐ defendant in the existing case, who respectfully requests that the Court order [OTHER PARTY'S FULL LEGAL NAME] to show cause why the current child-support judgment should not be modified under La. R.S. 9:311 and the Louisiana Child Support Guidelines.

1. Existing Judgment and Parties

1. The current child-support judgment was signed on [__/__/____] in this docket by [COURT/JUDGE]. A copy is attached as Exhibit 1.

2. The judgment orders ☐ Mover ☐ the other party to pay $[________] per [month / other period] for the following child or children:

3. Mover's address is [________________________________________________]. The other party's last known address for service is [________________________________________________].

4. DCFS support-enforcement services are ☐ active ☐ not active ☐ unknown. LASES number, office, or caseworker information: [________________________________________________].

2. Venue and Order History

Venue is asserted under La. C.C.P. art. 74.2(C) because:

• ☐ The support award was rendered in this parish and has not been registered and confirmed in another Louisiana court.
• ☐ The person awarded support is domiciled in this parish, and the award has been registered here.
• ☐ This parish is where the award was last registered after registration in multiple Louisiana courts.
• ☐ The person awarded support no longer lives in Louisiana, and this parish qualifies under La. C.C.P. art. 74.2(C)(4) because: [________________________________________________].

Registration, confirmation, transfer, or interstate-order details: [________________________________________________].

3. Material Change in Circumstances

Since the last support award, the following substantial and continuing change or changes occurred:

• ☐ Involuntary unemployment or other loss of income.
• ☐ New employment, promotion, or other increase in income.
• ☐ Reduction or increase in hours, wages, self-employment receipts, benefits, or other income.
• ☐ Change in the child's living arrangement or a custody/physical-care order.
• ☐ Change in work-related child-care costs.
• ☐ Change in the child's health-insurance coverage or premium.
• ☐ Extraordinary medical or other child-related expense.
• ☐ Other substantial and continuing change: [________________________________________________].

The change began on [__/__/____]. Facts showing its nature, amount, and expected duration:

[____________________________________________________________]

[____________________________________________________________]

4. Guideline Calculation and Evidence

Mover attaches:

• ☐ Current La. R.S. 9:315.20 Obligation Worksheet A.
• ☐ Current La. R.S. 9:315.20 Obligation Worksheet B.
• ☐ Current pay statements and other income records.
• ☐ Most recent federal income-tax return and supporting schedules.
• ☐ Proof of self-employment receipts and ordinary, necessary business expenses.
• ☐ Proof of child-care costs.
• ☐ Proof of the child's health-insurance premium and uninsured medical expenses.
• ☐ Existing custody judgment or evidence of actual physical-custody allocation.
• ☐ Other supporting documents: [________________________________________________].

The current guideline calculation is $[________] per month. Mover ☐ requests that amount ☐ requests a deviation. If a deviation is requested, the facts and requested amount are:

[____________________________________________________________]

5. Relief Requested

WHEREFORE, Mover respectfully requests that the Court:

1. Order the other party to appear and show cause on a date and time fixed by the Court;
2. After hearing and evidence, modify child support to the amount required by the current guidelines or to a supported deviation under La. R.S. 9:315.1;
3. Apply La. R.S. 9:315.21(C) to the effective date of any final-support modification, including any good-cause finding;
4. Address immediate income assignment under La. R.S. 9:303 and 46:236.3, including any written agreement or good-cause issue;
5. Allocate court costs as permitted by law; and
6. Grant any other relief supported by the pleadings, evidence, and law.

Respectfully submitted,

Signature: ____________________________________ Date: [__/__/____]

Printed name: [________________________________________________]

☐ Attorney, Louisiana Bar No. [____________] ☐ Self-represented mover

Address: [____________________________________________________________]

Telephone: [________________] Email: [________________________________________]

6. Request for Service

Please serve the Rule and signed Order to Show Cause as the clerk and court direct:

Requested method: ☐ sheriff ☐ registered or certified mail ☐ clerk-directed method ☐ other: [________________]

7. Proposed Order to Show Cause

ORDER TO SHOW CAUSE

IT IS ORDERED that [OTHER PARTY'S NAME] appear on [__/__/____] at [____:____] ☐ a.m. ☐ p.m., in [COURTROOM / ADDRESS], and show cause why the child-support judgment in this matter should not be modified in an amount determined under the Louisiana Child Support Guidelines and the evidence presented.

IT IS FURTHER ORDERED that the parties bring the financial records, completed current worksheet, and other documents required by the Court's rules or hearing-officer procedures.

Signed at [CITY], Louisiana, on [__/__/____].

____________________________________

JUDGE / HEARING OFFICER

8. Filing Checklist

• ☐ Confirm the original docket, judgment date, and exact parties' roles.
• ☐ Confirm venue and any registration or interstate-order issue.
• ☐ Ask the clerk for the current local rule form, filing fee, copies, hearing procedure, and service instructions.
• ☐ If DCFS is involved, identify the LASES number and required agency recipient.
• ☐ Attach the current Worksheet A or B and supporting financial records.
• ☐ File the Rule and proposed show-cause order; do not pre-sign the judicial signature line.
• ☐ Complete service exactly as directed and preserve proof in the record.
• ☐ Calendar the hearing and all local disclosure or exchange deadlines.

Sources and References

• Louisiana Legislature — R.S. 9:311
• Louisiana Legislature — Child Support Guidelines and Worksheets
• Louisiana DCFS — Child Support Modification Process