Child Support in Lake Charles: How It Actually Works
Fontenot Law is a Lake Charles family law firm handling child support matters in the Fourteenth Judicial District Court and throughout Calcasieu Parish. Louisiana calculates child support using a statutory formula — the income shares model — but the formula is only the starting point. Real child support disputes involve contested income figures, add-on expenses, shared custody adjustments, and deviation arguments that require experienced legal counsel to navigate effectively.
Louisiana's child support guidelines are codified in La. R.S. 9:315 et seq. The formula takes both parents' gross monthly incomes, combines them, and uses a schedule to determine the base obligation. That obligation is then divided proportionally based on each parent's income share. Additional expenses — health insurance premiums, childcare costs, and extraordinary medical expenses — are allocated on top of the base.
How Louisiana Calculates Child Support
Louisiana's income shares model is designed to ensure children receive the same proportion of parental income they would have received if the family had remained together. Here is how it works in practice in Calcasieu Parish courts.
Determine Each Parent's Gross Monthly Income
Gross income includes wages, salaries, self-employment income, rental income, unemployment benefits, and most other regular income sources. Louisiana courts can also impute income to a parent who is voluntarily unemployed or underemployed — meaning the court assigns an income figure based on earning capacity rather than actual earnings. Disputes over income are extremely common, particularly when one parent is self-employed or receives variable compensation.
Calculate the Combined Obligation
The combined gross incomes are entered into the Louisiana child support schedule, which produces a basic support obligation based on the number of children. This schedule is updated periodically by the Louisiana Legislature. The resulting figure is the total amount the child should receive monthly from both parents combined.
Allocate Between Parents
The base obligation is divided proportionally. If one parent earns 60% of the combined income, that parent bears 60% of the base obligation. The paying parent sends their share to the receiving parent each month. Health insurance costs, work-related childcare, and extraordinary medical expenses are then allocated on top, typically in the same proportional split.
Shared Custody Adjustments
When parents share physical custody — meaning the child spends substantial time with both — Louisiana law provides for a shared custody calculation that adjusts the base obligation downward. The adjustment reflects that both parents are directly bearing the costs of the child's care during their respective time periods. This calculation requires the number of overnights each parent has annually.
When Courts Deviate from the Guidelines
Louisiana courts can deviate from the guideline amount when applying the formula would produce a result that is unjust or inappropriate. Common grounds for deviation include a child with extraordinary medical or educational needs that are not captured in the base formula, a parent with unusually high income where the formula produces an amount far exceeding the child's actual needs, or a shared custody arrangement with a near-equal split of time. Deviation arguments require specific legal justification — courts do not deviate simply because a party prefers a different number.
Enforcing Child Support in Calcasieu Parish
When a parent fails to pay court-ordered support, Louisiana provides several enforcement mechanisms. The most common is a motion for contempt of court, which can result in the non-paying parent being ordered to pay arrears immediately, assessed attorney's fees, placed on a payment plan, or in serious cases jailed until payment is made. Other enforcement tools include income withholding orders (wage garnishment), seizure of tax refunds, and suspension of professional licenses or driver's licenses.
Our firm moves quickly when child support is not being paid. Enforcement proceedings in the Fourteenth Judicial District Court can often be initiated within days of a violation. If the other parent owes back support — called arrears — those amounts accrue interest under Louisiana law and can be collected in full even years after the fact.
Modifying Child Support Orders
Child support orders are not permanent. Louisiana courts modify support when there has been a material change in circumstances since the order was entered. Common grounds include a significant increase or decrease in either parent's income, a change in the number of overnights each parent exercises, a change in the child's health insurance or childcare costs, or the child reaching a threshold that changes the calculation.
Either parent can seek a modification. The parent requesting the change bears the burden of proving a material change in circumstances. Our firm handles both seeking and defending against modification requests, and advises clients on whether the change in their situation is substantial enough to warrant the cost of litigation before initiating proceedings.
Fontenot Law represents parents in child support matters throughout Lake Charles, Sulphur, Westlake, Moss Bluff, and all of Calcasieu Parish. If you need to establish, enforce, or modify a child support order, contact our office for a confidential consultation.
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Frequently Asked Questions
Louisiana uses the income shares model. Both parents' gross monthly incomes are combined and applied to a child support schedule that produces a base obligation based on the number of children. That obligation is then divided proportionally between the parents based on income. Health insurance premiums, work-related childcare, and extraordinary medical expenses are added on top. The calculation is governed by La. R.S. 9:315 et seq.
Yes. Louisiana courts modify child support when there has been a material change in circumstances since the original order — meaning a significant change in either parent's income, the number of overnights each parent has, or the child's health insurance or childcare costs. The parent requesting the modification must prove the change in a court filing. Minor fluctuations in income generally do not meet the material change standard.
Non-payment of court-ordered child support in Louisiana can result in contempt of court proceedings, which carry consequences including repayment of arrears, assessed attorney's fees, wage garnishment, tax refund seizure, license suspension, and in serious cases incarceration until payment is made. Arrears also accrue interest under Louisiana law. Our firm moves quickly when support is not being paid.
When parents share physical custody with a near-equal split of overnights, Louisiana law provides an adjusted calculation that reduces the base support obligation. The adjustment reflects that both parents are directly bearing the child's expenses during their respective periods. The exact reduction depends on the number of overnights each parent exercises annually. Courts use the shared custody formula only when the custody arrangement genuinely involves substantial time with both parents.
No. Louisiana courts can impute income to a parent who is voluntarily unemployed or underemployed — meaning the court assigns an income figure based on the parent's earning capacity rather than their actual earnings. If a parent quits a job or accepts a lower-paying position without a legitimate reason, the court can calculate support as if that parent were still earning at their prior level or full capacity.