Louisiana divorces can be difficult and complex. When children are involved, it makes the matter increasingly urgent. Child support is one of the most vital parts of a divorce agreement for both the custodial parent who will receive child support payments and the non-custodial parent who will pay it. It is important to understand how the law ensures the payments will be made. One consideration that should be grasped is the possibility of an income assignment.
To take the ambiguity out of the equation with a child support order, a law was passed saying that after January 1, 1994, all child support orders that are not subject to enforcement by the Department of Children and Family Services will require there be an income assignment. A notable exception to this rule is if the parties have come to an agreement on the matter and the court has found good cause that no income assignment be ordered.
The written agreement must have the signatures of the parents. The court must review it and it must be entered into the record. With good cause, the following must be in place: there were no delinquencies in child support over the last six months before the motion was filed for the current child support order to be changed; the respondent agrees to authorize the income assignment to begin if there is a delinquency for more than one month; the respondent is unlikely to become delinquent; and there is evidence that the court deems as sufficient for good cause.
Most parents will want what is best for their child after a divorce and a significant part of that is paying child support in full and on time. However, some parents prefer not to have an income assignment as the law requires. There is a stipulation in the law that lets parents avoid the income assignment. When negotiating an agreement to do so or to handle any situation related to divorce and an income assignment for child support, getting the right information about family law matters and divorce is crucial.
