RS 4291 - Effect of child support payments; judicial mortgage and privilege; affidavit of support owed; prescription
A.(1) Each payment of child support that is past due under the provisions of an award for child support rendered in a court of this state, or under a foreign child support order registered under the provisions of the Uniform Interstate Family Support Act shall on and after such payment is due be deemed a judgment by operation of law and shall be executory in all respects except that the court shall, in a summary proceeding, determine the amount actually owed. Each payment of child support made pursuant to the judgment ordering support, including those payments made through income assignment orders, seizures, or tax intercepts, shall interrupt prescription. Notwithstanding any other law to the contrary, prescription shall not begin to run against any such judgment until the child reaches the age of majority or the obligation to provide child support ceases.
(2) A judgment rendered in a summary proceeding determining the amount of delinquent child support owed shall become a judicial mortgage when it is final and has been recorded in the manner provided by law. The effect of recordation of the judgment provided in this Subsection shall prescribe ten years from the date of the judgment, unless revived and reinscribed in accordance with law.
B.(1) In all cases where the Department of Children and Family Services is enforcing child support services, a judgment created by operation of law pursuant to Subsection A of this Section shall be executory in all respects, without the necessity of a judicial proceeding to determine the amount actually owed. The director of the child support enforcement section, office of children and family services, Department of Children and Family Services, or his designee shall certify the actual amount in an affidavit entitled "Child Support Mortgage and Privilege by Affidavit of DCFS". Such affidavit shall have the effect of a judgment. Notwithstanding any other law to the contrary, prescription shall not begin to run against any such judgment until the child reaches the age of majority or the obligation to provide child support ceases.
(2) When filed and recorded in the manner provided by law, the affidavit showing delinquent child support shall create a lien, privilege, and legal mortgage as provided in R.S. 46:236.16. The effect of recordation of the affidavit provided in this Subsection shall prescribe ten years from the date of the affidavit, provided that the filing of a subsequent affidavit pertaining to the same matter shall interrupt prescription and shall maintain the ranking secured by the original filing.
(3) Notwithstanding Paragraph (2) of this Subsection, the effect of recordation of any such affidavit that was of record on or before June 11, 2020, shall not cease until August 31, 2022.
(4) The intentional making of a false statement in an affidavit provided for in this Subsection shall constitute a false statement as provided for in R.S. 14:125.
C. The department shall provide notice by certified mail, by personal service, or by domiciliary service, to the child support obligor thirty days prior to a "Child Support Mortgage and Privilege by Affidavit of DCFS" being filed and recorded. The notice shall advise the child support obligor that he has fifteen days to file an appeal. Upon notice of appeal, the department shall schedule a judicial hearing. Notwithstanding any other law to the contrary, prescription shall not begin to run against any such judgment until the child reaches the age of majority or the obligation to provide child support ceases.
Added by Acts 1987, No. 745, §1. Redesignated from R.S. 9:313 by Acts 1993, No. 261, §10, eff. Jan. 1, 1994; Acts 1997, No. 1118, §1; Acts 2004, No. 186, §1, eff. June 10, 2004; Acts 2008, No. 444, §2; Acts 2012, No. 255, §4; Acts 2020, No. 199, §1, eff. June 11, 2020.
NOTE: Acts 2020, No. 199, §2, provides that the Act is to be applied retroactively and prospectively.