New Orleans Criminal Defense Attorney
If you are being charged with Criminal Failure to Pay Child Support, contact Elizabeth B. Carpenter, Esq for a consultation. We are ready to defend you and protect your rights!
Failure To Pay Child Support Obligation — La R.S. 14:75
This law is also known as the “Deadbeat Parents Punishment Act of Louisiana”
It is unlawful for an 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 6 months or is greater than $2,000.00.
First Offense: Fine of not more than $500.00 or imprisonment for not more than 6 months, or both.
Second or Subsequent Offense: Fine of not more than $2,500.00 or imprisonment with or without hard labor for not more than 2 years, or both.
*The court shall order restitution in an amount equal to the total unpaid support obligation as it exists at the time of sentencing.
*When restitution is made prior to the time of sentencing, except for a second or subsequent offense, the court may suspend all or any portion of the imposition or execution of the sentence otherwise required in this Subsection.
*When the amount of the past due is more than $15,000.00 and the obligation has been outstanding for at least 1 year shall be a fine of not more than $25,000.00, or imprisonment with or without hard labor for not more than 2 years, or both.
Affirmative Defense For Failure to Pay Child Support
It shall be 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.