How long does child support continue in Louisiana?

Marie Hillman • July 29, 2015

  Everyone assumes that child support obligations automatically terminate when a child turns 18 but that is not necessarily the case. LA R.S. 9:315.22 provides for […] The post How long does child support continue in Louisiana? appeared first on Hillman Law Firm.

 

Everyone assumes that child support obligations automatically terminate when a child turns 18 but that is not necessarily the case. LA R.S. 9:315.22 provides for child support to continue to age nineteen for a child who attains the age of majority (or has been emancipated) IF:

  1. the child is unmarried,
  2. is dependent on either parent,
  3. is a full-time student in good standing in a secondary school or it’s equivalent.

Under this exception, child support may continue to age nineteen or until the child graduates, whichever comes first.

There are also exceptions for children with disabilities:

An award of child support continues until age 22 for a child who has a developmental disability as long as the child is a full-time student in a secondary school. Developmental disability means a severe chronic disability of a person: that is attributable to mental retardation, cerebral palsy, epilepsy, autism, or any other condition found to be closely related to mental retardation: impairment of general intellectual functioning or adaptive behavior similar to that of mentally retarded persons.

A court may also place a child under continuing tutorship if the child possesses less than two-thirds of the average mental ability of a normal person of the same age. In such cases, the child does not attain the age of majority, so child support is continued until further order of the court.

Another issue that all must be aware of when a child ages out is how the total support for the children is awarded? When the child support obligation is set in a specific amount per child , the award for each child shall terminate automatically without any action by the obligor upon each child’s attaining the age of majority, or upon emancipation.

When the child support obligation is in globo for two or more children , the award s hall terminate automatically and without any action by the obligor when the youngest child for whose benefit the award was made attains the age of majority or is emancipated. In this case the support award remains the same until the youngest no longer qualifies or until further order of the court.

Disclaimer: The information contained in this article is for general information purposes only. Nothing in this article is or should be considered legal advice. The information in this article is not intended to create an attorney-client relationship, and viewing or receipt of information from this article does not create an attorney-client relationship.

 

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