In Louisiana, child support is determined using the “income shares” model, which considers both parents’ combined income and divides responsibility based on each parent’s share. The state provides a structured schedule for basic support, but courts can adjust amounts for childcare, health insurance, and extraordinary expenses. The process is guided by Louisiana Revised Statutes (R.S.) 9:315 et seq., ensuring that children receive the same proportion of parental income they would have if their parents lived together.
If you’re navigating a child support case in Louisiana, knowing how these calculations work can help you understand what to expect—and what documentation the court requires.
Child support laws in Louisiana are designed to protect a child’s right to financial stability. According to Louisiana Civil Code Article 141, both parents are legally obligated to provide financial support based on their means and the child’s needs.
These laws ensure fairness and consistency across the state by following the guidelines outlined in La. R.S. 9:315 through 9:315.47. Unless proven otherwise, the court presumes that the amount determined by the state’s formula is correct. However, judges can deviate if sticking to the guideline would be unfair or not in the child’s best interest.
The first step in calculating child support in Louisiana is determining each parent’s adjusted gross income (AGI). This figure includes all income sources, such as:
Courts require verified income statements supported by tax returns, W-2s, or pay stubs. Self-employed parents must show profit-and-loss statements or similar documentation. Once both parents’ AGIs are verified, they are added together to determine the combined monthly income.
This combined figure is essential because it establishes the baseline for calculating the basic child support obligation.
Louisiana maintains a statewide child support schedule (found in R.S. 9:315.19), which outlines the basic obligation based on the parents’ combined income and the number of children. The court refers to this chart to find the standard amount that should be allocated for child support.
For example, if the parents’ combined monthly income is $6,000 and they have two children, the schedule provides a base support amount. That amount is then divided proportionally according to each parent’s share of the total income.
Example:
If the combined support obligation is $1,200, Parent A would be responsible for roughly $792 (66%), while Parent B would pay $408 (34%).
Once the basic child support amount is established, the court adds other relevant expenses to calculate the total child support obligation. These include:
These add-ons are divided between parents according to their income percentage, ensuring that both contribute fairly.
The amount of time each parent spends with the child directly affects support calculations. Louisiana courts recognize three main custody arrangements:
One parent is the primary custodian. The noncustodial parent typically pays their share of support directly to the custodial parent.
When both parents have the child for roughly equal time, Louisiana law multiplies the basic obligation by 1.5 before dividing it according to income share. This adjustment accounts for duplicated household expenses like housing, food, and utilities.
If each parent has custody of at least one child, the court calculates separate obligations for each and offsets them.
These variations ensure that child support reflects both parents’ contributions and time spent with the child.
After determining income, basic obligations, and additional expenses, the court:
The order will also specify payment frequency, method, and any conditions for direct payment of specific expenses (such as medical bills or school fees).
While the statutory formula is presumed correct, judges can deviate if applying it would result in unfairness or contradict the child’s best interests. Reasons for deviation may include:
When deviating, the court must clearly state its reasons and show what the guideline amount would have been.
Generally, child support ends when a child turns 18 or graduates from high school—whichever comes later. However, there are exceptions:
Each order may vary depending on the circumstances and the court’s discretion.
Child support isn’t set in stone. Either parent can request a modification if there’s a material and substantial change in circumstances, such as:
Louisiana law (R.S. 9:311) also allows a review every three years, even without a major change, to ensure fairness based on updated income and expenses.
When filing for or modifying child support, it’s essential to prepare complete documentation, including:
These documents help the court verify income, ensure accuracy, and apply the formula correctly.
Does overtime count as income?
Yes, overtime and bonuses can be included if they’re consistent and reliable. Courts often average irregular income over time to prevent inflated or unfair figures.
Who pays for health insurance?
Usually, the parent who has access to affordable coverage provides it. The child’s portion of the premium is added to the total support obligation.
Can child support be paid directly to the other parent?
Most payments are made through the Louisiana Department of Children & Family Services (DCFS) to maintain clear records. However, the court may allow direct payments if both parties agree.
What happens if child support isn’t paid?
Failure to pay can lead to enforcement actions such as wage garnishment, license suspension, or even contempt of court proceedings.
Louisiana’s child support process is formula-based but not always straightforward. Complex issues—like shared custody, fluctuating income, or special needs—can significantly affect the final amount. Having a family law attorney helps ensure that your rights and your child’s interests are protected throughout the process.
At The Hinch Firm Trial Attorneys, we help clients understand and navigate Louisiana’s child support laws with precision and care. Our team focuses on practical solutions that support families and promote long-term stability.
Child support in Louisiana is built on fairness and predictability, but every family’s situation is unique. Understanding how the state’s formula works—and how courts may adjust it—can make a big difference in preparing for your case. Whether you’re seeking an initial order, modification, or enforcement, professional guidance can help you achieve the best outcome for your family.
Call us at (337) 267-8430 to schedule a consultation with an experienced Louisiana child support attorney.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.
We encourage you to reach out to us right away for a confidential consultation. Call (337) 267-8430 or contact us online to get started.