Posted on 05/07/2004 7:57:34 PM PDT by Pikachu_Dad
CRIME/PUNISHMENT. Criminalizes nonpayment of child support.
AN ACT
To enact R.S. 14:75, relative to nonpayment of child support obligations; to enact the Deadbeat Parents Punishment Act of Louisiana; to create the crime of failure to pay legal child support obligation; to provide for presumptions; to provide for penalties; to provide for restitution; to provide for venue; to provide for definitions; to provide for an affirmative defense; and to provide for related matters.
Be it enacted by the Legislature of Louisiana: Section 1. R.S. 14:75 is hereby enacted to read as follows: §75. Failure to pay child support obligation R.S. 14:75 is all proposed new law.
A. This law may be cited as the "Deadbeat Parents Punishment Act of Louisiana."
B. It shall be unlawful for any obligor to intentionally fail to pay a support obligation for any child who resides in the state of Louisiana, if such obligation has remained unpaid for a period longer than one year or is greater than five thousand dollars.
C. The existence of a support obligation that was in effect for the time period charged in the indictment or information creates a rebuttable presumption that the obligor has the ability to pay the support obligation for that time period.
D.(1) For a first offense, the penalty for failure to pay a legal child support obligation shall be a fine of not more than five hundred dollars or imprisonment for not more than six months, or both.
(2) For a second or subsequent offense, the penalty for failure to pay a legal child support obligation shall be a fine of not more than twenty-five hundred dollars or imprisonment with or without hard labor for not more than two years, or both.
(3) Upon a conviction under this statute, the court shall order restitution in an amount equal to the total unpaid support obligation as it exists at the time of sentencing.
(4) In any case in which restitution is made prior to the time of sentencing, the court may suspend all or any portion of the imposition or execution of the sentence otherwise required in this Subsection.
E. With respect to an offense under this Section, an action may be prosecuted in a judicial district court in this state in which any child who is the subject of the support obligation involved resided during a period during which an obligor failed to meet that support obligation; or the judicial district in which the obligor resided during a period described in Subsection B of this Section; or any other judicial district with jurisdiction otherwise provided for by law.
F. As used in this Section, the following terms mean:
(1) "Obligor" means any person who has been ordered to pay a support obligation in accordance with law.
(2) "Support obligation" means any amount determined by a court order or an order of an administrative process pursuant to the law of the state of Louisiana to 25 be due from a person for the support and maintenance of a child or children.
G. It shall be an affirmative defense to any charge under this Section that the obligor was financially unable to pay the support obligation during and after the period that he failed to pay as ordered by the court.
The original instrument was prepared by Tracy Sabina Sudduth. The following digest, which does not constitute a part of the legislative instrument, was prepared by Jerry J. Guillot.
Kostelka (SB 633) DIGEST
Proposed law makes it a crime for any obligor to intentionally fail to pay a support obligation for any child who resides in this state, if such obligation has remained unpaid for a period longer than one year or is greater than $5,000. Provides for a rebuttable presumption that the existence of the support obligation presumes the ability to pay.
Proposed law provides for the following penalties: (1) For a 1st offense, a fine of not more than $500 or imprisonment for not more than six months, or both. (2) For a 2nd or subsequent offense, a fine of not more than $2,500 or imprisonment with or without hard labor for not more than two years, or both. (3) In addition, the court shall order restitution in an amount equal to the total unpaid support obligation as it exists at the time of sentencing. (4) However, if restitution is made prior to sentencing, the court may suspend all or any portion of the imposition or execution of the sentence.
Proposed law provides for venue and defines "obligor" and "support obligation."
Proposed law provides for an affirmative defense that the obligor was financially unable to pay the support obligation during and after the period that he failed to pay as ordered by the court.
(Adds R.S. 14:75)
Summary of Amendments Adopted by Senate Senate Floor Amendments to engrossed bill.
1. Provides if restitution is made prior to sentencing, the court may suspend all or part of the sentence.
2. Provides an affirmative defense if the obligor was financially unable to pay the support obligation ordered by the court.
This bill passed the Louisiana Senate 39-0 with 30 of the Senators signing on as co-sponsors. So the alleged defenses in the bill are meaningless, the courts will not consider them and just redefine the words so that they can jail a jailed parent.
According to DSS, this bill would fall on ~110,000 people (~93,500 men and 16,500 women) who have not paid in over one year. Some of these people are dead; some of these people are in jail; some of these people are disabled; some of these people are unemployed or underemployed; and yes some of them are even true uncaring deadbeats.
Also according to DSS, of the $820 million owed in Louisiana for back due child support, over 70% is owed by people who make less than $10,000/year.
Remember, this is a court system that considers being 'in jail' a voluntary act and the courts refuse to suspend/lower the child support for voluntary acts.
Remember, this is a court system that refuses to lower child support if you go from a higher paying job to a lower paying job. They are allowed to 'impute' your income.
Remember, this is a state where the child support can be made retroactive to a distant time in the past. A person can be in court and one minute not owe any child support and then next minute he/she can be $10,000 in arrears. In theory, the Sheriff could then immediately arrest them when they return home.
Remember, this is a state where the last time they revised the child support laws the committee proposing the revision was willing to put into their minutes that they felt it was acceptable if "the child support totaled 100% of a persons income."
The U.S. constitution prohibits debtors prisons.
They are taking away the person right to challenge the validity of the child support order.
It is very common for a child support complaint to sit stagnating while the parties try to work out their differences or the father is informally paying support without an order in place. Things go sour again, the mother pursues the claim, and there is a large retroactive "arrearages" amount imposed on the father dating back to the date the initial complaint was filed regardless of what he has been paying in the interim. This is typical anti-male law designed to bash fathers 'for the children.' Even if the father is a deadbeat dad, there are plenty of civil remedies available. Criminalizing this matter is absurd.
If most fathers were awarded custody of their children, this type of legislation would never see the light of day. The feminazis would have the politicians' testicles in Al Gore's lockbox for trying such a stunt.
It is absolutely suicide for a man to pay child support in an undocumented way. Highest and best way is checks that come back from the bank, but a number of other ways will do reasonably well, too. I've always warned any guys I've had this discussion with, no one wants to see your heart cut out of your chest like an ex-wife.
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