Art. 1302.7. Determination of controlling child support order
A. If a proceeding is brought under this Chapter and only one tribunal has issued a child support order, the order of that tribunal controls and must be recognized.
B. If a proceeding is brought under this Chapter, and two or more child support orders have been issued by tribunals of this state, another state, or a foreign country with regard to the same obligor and same child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized:
(1) If only one of the tribunals would have continuing, exclusive jurisdiction under this Chapter, the order of that tribunal controls.
(2) If more than one of the tribunals would have continuing, exclusive jurisdiction under this Chapter:
(a) An order issued by a tribunal in the current home state of the child controls, or
(b) If an order has not been issued in the current home state of the child, the order most recently issued controls.
(3) If none of the tribunals would have continuing, exclusive jurisdiction under this Chapter, the tribunal of this state shall issue a child support order, which controls.
C. If two or more child support orders have been issued for the same obligor and same child, upon request of a party who is an individual or that is a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under Paragraph B of this Article. The request may be filed with a registration for enforcement or registration for modification pursuant to Section 6, or may be filed as a separate proceeding.
D. A request to determine which is the controlling order must be accompanied by a copy of every child support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.
E. The tribunal that issued the controlling order under Paragraph A, B, or C of this Article has continuing jurisdiction to the extent provided in Article 1302.5 or 1302.6.
F. A tribunal of this state that determines by order which is the controlling order under Subparagraph (B)(1) or (2) or Paragraph C of this Article, or that issues a new controlling order under Subparagraph (B)(3) of this Article, shall state in that order:
(1) The basis upon which the tribunal made its determination;
(2) The amount of prospective support, if any; and
(3) The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by Article 1302.9.
G. Within thirty days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.
H. An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this Article must be recognized in proceedings under this Chapter.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996, Acts 1997, No. 1241, §1, eff. July15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
Structure Louisiana Laws
Art. 100. Short title; citation of Code
Art. 102. Purpose and construction
Art. 103. General applicability
Art. 103.1. Applicability of Indian Child Welfare Act
Art. 104. Applicability of Code of Criminal Procedure; Code of Civil Procedure
Art. 105. Applicability of Code of Evidence
Art. 107. Mandatory and permissive language
Art. 108. Conjunctive, disjunctive, or both
Art. 109. Assistants and deputies included
Art. 110. References to code articles or statutory sections
Art. 111. Article headings and comments not part of law
Art. 112. Clerical and typographical errors disregarded
Art. 113. Pleading a statute or ordinance
Art. 115. Oath or affirmation in juvenile proceedings
Art. 302. Juvenile jurisdiction of courts
Art. 303. Exclusive jurisdiction over children, youth, and minors; exceptions
Art. 304. Transfer of child adjudicated in another state for disposition
Art. 306. Places of detention; juveniles subject to criminal court jurisdiction
Art. 306.1. Transmission of order; transcripts
Art. 308. Authority of courts to refer child abuse, neglect
Art. 309. Continuing jurisdiction over custody disputes
Art. 310. Jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act
Art. 311. Juvenile jurisdiction over adults; support proceedings; coexistent orders
Art. 312. Juvenile jurisdiction over adults; criminal proceedings
Art. 313. Duration of jurisdiction over proceedings
Art. 314.1. Special venue in proceedings concerning child support
Art. 315. Transfer of proper venue
Art. 316. Improper venue; transfer
Art. 317. Change of proper venue
Art. 318. Inherent power and authority of courts
Art. 320. Indigency determination
Art. 321. Partial reimbursement by indigent adults
Art. 325. Exception to hearsay rule
Art. 326. Competent evidence; procedures for making videotape
Art. 329. Closed circuit television; testimony taken outside courtroom
Art. 330. Judgments appealable
Art. 332. Notice of judgment; new trials; time for appeal
Art. 333. Perfecting the appeal
Art. 335. Preparation of record; costs
Art. 338. Supervisory jurisdiction
Art. 401. Adoption of local rules of court
Art. 404. Docketing of juvenile cases
Art. 405. Court or witness fees; travel expenses
Art. 406. Waiver of court costs and fees
Art. 407. Confidentiality of hearings
Art. 408. Duty of court to control proceedings; use of restraints on a child
Art. 409. Sequestration of witnesses
Art. 410. Recording of proceedings
Art. 412. Confidentiality of records; disclosure exceptions; sanctions
Art. 412.1. Data collection and remittance
Art. 413. Records; intercourt transfer
Art. 414. Disclosure of records for sentencing
Art. 415. Destruction of inactive and closed files
Art. 416. Service of motion to destroy reports and records
Art. 417. Judgment ordering destruction of reports and records
Art. 418. Juvenile court; juvenile judge
Art. 422. Juvenile traffic referee
Art. 424. Court-appointed special advocates (CASA); purpose
Art. 424.2. CASA; order of assignment
Art. 424.5. CASA; appearance; witness
Art. 424.6. CASA; access to records; confidentiality
Art. 424.8. CASA; request for hearing
Art. 424.9. CASA; record confidentiality
Art. 425. Rules for conduct of officers, employees
Art. 426. Compensation to courts
Art. 427. Clerks; duties; authority
Art. 437. Referral for mediation
Art. 438. Selection and appointment of mediator; disclosure; revocation
Art. 439. Qualifications of mediator
Art. 439.1. Duties of mediator
Art. 440. Stay of proceeding; extension
Art. 442. Termination of mediation
Art. 443. Preparation of agreement; court approval
Art. 444. Judicial oversight; periodic evaluation; contempt proceedings
Art. 445. Supplementary local rules
Art. 501. Legislative findings
Art. 503. Repealed by Acts 2003, No. 749, §2.
Art. 504. Repealed by Acts 1995, No. 1305, 1, eff. June 29, 1995.
Art. 505. Repealed by Acts 1995, No. 1305, 1, eff. June 29, 1995.
Art. 508. Multidisciplinary investigative team; scope of responsibility
Art. 510. Contents of protocols; formal requirements
Art. 511. Forensic interviewer; qualifications
Art. 512. Composition of the multidisciplinary investigative team
Art. 513. Confidentiality policy
Art. 514. Immunity from civil or criminal liability
Art. 523. Governance of child advocacy centers; board of directors; bylaws; staff
Art. 525. Confidentiality policy; exceptions
Art. 526. Immunity from civil or criminal liability
Art. 531. Children's Advocacy Clearinghouse; establishment; purpose
Art. 541. Legislative findings; purposes; goals
Art. 543. Interagency information sharing; interagency agreements
Art. 544. Request for information; order for release
Art. 546. Immunity from civil or criminal liability
Art. 551. Legislative findings
Art. 553. Access to child; records; communication
Art. 558. Louisiana Child Representation System; establishment
Art. 559. Repealed by Acts 2014, No. 354, §2; Acts 2014, No. 811, §33, eff. June 23, 2014.
Art. 560. Provision of services; qualifications of counsel
Art. 571. Legislative findings
Art. 574. Indigent Parents' Representation Program; establishment
Art. 575. Duties of the program; qualifications of counsel
Art. 581. Child Protection Representation Commission; establishment; purpose and functions
Art. 602. General applicability
Art. 603.1. Required education; reporting child abuse
Art. 604. Persons subject to proceedings
Art. 806. Change of venue; improper venue
Art. 807. Change of venue; proper venue
Art. 606. Grounds; child in need of care
Art. 607. Child's right to appointed counsel; payment
Art. 608. Parents' right to counsel; payment
Art. 609. Mandatory and permitted reporting; training requirements
Art. 611. Immunity from civil or criminal liability
Art. 612. Assignment of reports for investigation and assessment
Art. 612.1. Institutional abuse; corrective measures
Art. 615. Disposition of reports
Art. 615.1. Reports; review by district attorney
Art. 616. Central registry; screening court-appointed special advocates volunteers; confidentiality
Art. 616.1. Correction of central registry entries; procedure
Art. 616.1.1. Appeal and review; correction of central registry entries; procedure
Art. 616.2. Central registry; maintenance by state police; use; confidentiality
Art. 617. Temporary restraining order
Art. 618. Protective orders; content; modification; service
Art. 619. Instanter custody orders; instanter safety plan orders
Art. 620. Oral instanter orders
Art. 621. Taking child into custody without a court order
Art. 622. Placement pending a continued custody hearing
Art. 622.1. Shelter care facility records; access
Art. 623. Notice; right to be heard
Art. 624. Continued custody hearing; continued safety plan hearing; federal Indian Child Welfare Act
Art. 624.1. Reason to know a child is an Indian child; federal Indian Child Welfare Act
Art. 625. Advice of rights and responsibilities of parents, counsel, and department; absent parents
Art. 626. Grounds for continued custody; reasonable efforts; grounds for continued safety plan
Art. 627. Continued custody order; special provisions; appointments; continued safety plan order
Art. 628. Informal adjustment agreement
Art. 629. Form of agreement; duration
Art. 630. Effect of an agreement
Art. 631. Authority to file petition; custody
Art. 632. Time for filing of petition; child in custody
Art. 634. Contents of petition
Art. 635. Amendment of petition
Art. 637. Failure to appear as summoned
Art. 638. Service of petition; parent; child
Art. 639. Notice of nature of proceedings; parental rights; form
Art. 640. Service and return; child; resident parent; counsel
Art. 641. Service and return; nonresident parent
Art. 642. Effect of nonappearance by a parent
Art. 643. Service; absentee or unidentified parent; curator ad hoc
Art. 644. Duties of curator ad hoc
Art. 646. Answer; appearance; objection
Art. 646.1. Prehearing conference
Art. 647. Stipulation; consent to judgment
Art. 648. Advice of rights at appearance to answer petition
Art. 649. Answer to petition; objection by child
Art. 651. Preadjudication motions; time for filing; hearings
Art. 653. Restrictive orders; discovery
Art. 654. Medical, sensory, psychological, and psychiatric examinations
Art. 655. Medical treatment of children; costs
Art. 656. Motions for severance
Art. 658. Dismissal of petition
Art. 659. Time for adjudication hearing
Art. 660. Order of adjudication hearing
Art. 661. Presence at adjudication hearing; exclusion of witnesses
Art. 661.1. Federal Indian Child Welfare Act inquiry
Art. 662. Right to present evidence and examine witnesses
Art. 663. Evidence; suspension of privileges
Art. 664. Adjudication by the court
Art. 667. Vacation of adjudication
Art. 668. Predisposition investigation and report
Art. 669. Physical and mental examination for disposition
Art. 670. Notice of predisposition report and examination
Art. 672. Care and treatment by department
Art. 672.1. Reunification efforts determination
Art. 672.2. Local educational agencies; children placed in group homes and residential facilities
Art. 672.3. Diligent search for relatives; notice; failure to respond
Art. 675. Case plan purpose; contents
Art. 676. Response to case plan
Art. 678. Disposition hearing; time
Art. 679. Notice; presence at disposition
Art. 680. Disposition hearing; evidence
Art. 681. Dispositional alternatives
Art. 682. Removal of a child from parental custody or control
Art. 683. Disposition; generally
Art. 684. Judgment of disposition
Art. 685. Parent's contribution to costs of care and treatment
Art. 686. Duration of disposition
Art. 688. Case review reports; filing
Art. 689. Case review reports; service
Art. 690. Case review report purpose; contents
Art. 692. Case review hearings
Art. 694. Notice; absent parents
Art. 695. Notice; foster parents, pre-adoptive parents, relatives providing care; right to be heard
Art. 698. Presence at case review
Art. 704. Notice; absent parents
Art. 705. Notice; right to be heard
Art. 708. Presence at permanency hearing
Art. 711. Simultaneous hearings
Art. 712. Sanctions for failure to comply with permanency planning requirements
Art. 714. Motion to modify judgment of disposition
Art. 715. Service of motion to modify
Art. 716. Modification of judgment of disposition
Art. 717. Notice of modification
Art. 718. Purpose of guardianship
Art. 719. Guardian's rights and responsibilities
Art. 720. Motion for guardianship
Art. 722. Grounds; hearing; order
Art. 723. Order of guardianship
Art. 724. Motion for modification of guardianship; termination of guardianship
Art. 724.1. Temporary guardianship; designated successor guardian; construction
Art. 725. Findings and purpose
Art. 725.2. Safe house for sexually exploited children
Art. 725.3. Statewide protocol
Art. 725.4. Duties of law enforcement
Art. 725.5. Duties of the Department of Children and Family Services
Art. 725.6. Victim confidentiality
Art. 727. General applicability
Art. 729. Persons subject to proceedings
Art. 732. Duties of intake officer
Art. 733. Instanter orders of custody
Art. 733.1. Stop of child absent from school; transportation to school facility
Art. 734. Oral instanter orders
Art. 735. Taking child into custody with a court order
Art. 736. Taking child into custody without a court order
Art. 737. Place of prehearing placement upon a taking into custody
Art. 738. Release from custody
Art. 739. Continued custody hearing; time limitations
Art. 741. Grounds for continued custody
Art. 742. Place of continued custody
Art. 812. Taking child into custody
Art. 813. Taking child into custody with a court order; filing of verified complaint; execution
Art. 815. Child taken into custody; place of detention
Art. 815.1. Alternative to detention programs
Art. 816. Record of detention center; access
Art. 817. Release from custody
Art. 818. Identification procedures
Art. 743. Mandatory conference
Art. 744. Informal family services plan agreement
Art. 745. Effect of informal family services plan agreement; confidentiality
Art. 746. Authority to file petition
Art. 747. Time for filing of petition; child in custody
Art. 749. Contents of petition
Art. 750. Amendment of petition
Art. 752. Service and return; resident caretaker
Art. 753. Summons; resident caretaker
Art. 754. Failure to appear as summoned
Art. 755. Service; nonresident caretaker
Art. 756. Appearance to answer petition; time
Art. 757. Stipulation; consent to judgment
Art. 758. Advice of rights at appearance to answer petition
Art. 760. Medical, sensory, psychological, and psychiatric examinations
Art. 761. Medical treatment of children; costs
Art. 762. Consolidation of hearings
Art. 764. Dismissal of petition
Art. 765. Time for setting adjudication hearing
Art. 766. Order of adjudication hearing
Art. 767. Presence at adjudication hearing; exclusion of witnesses
Art. 767.1. Federal Indian Child Welfare Act inquiry
Art. 767.2. Reason to know a child is an Indian child; federal Indian Child Welfare Act
Art. 768. Right to present evidence and examine witnesses
Art. 769. Adjudication by the court
Art. 772. Vacation of adjudication
Art. 773. Predisposition investigation and report
Art. 774. Physical and mental examination for disposition
Art. 775. Notice of predisposition report and examination
Art. 776. Permanency planning reports
Art. 777. Disposition hearing; time; obligation of agency representative
Art. 778. Disposition hearing; evidence
Art. 779. Dispositional alternatives
Art. 781. Disposition; generally
Art. 781.1. Probation and parole supervision fees
Art. 782. Judgment of disposition
Art. 783. Parent's contribution to costs of care and treatment
Art. 784. Duration of disposition
Art. 787. Motion to modify judgment of disposition
Art. 788. Service of motion to modify
Art. 789. Modification of judgment of disposition
Art. 790. Notice of modification
Art. 791. Contempt; prehearing detention
Art. 791.2. Parish involvement
Art. 791.3. State, state agencies; participation
Art. 791.5. Reporting; operation
Art. 792. Nature of proceedings
Art. 793.1. Early intervention programs; authorization; purpose
Art. 793.2. Community involvement
Art. 793.3. Reporting; funding; implementation; termination
Art. 793.4. Early intervention fund; fees collected
Art. 802. General applicability
Art. 803. Applicability of Title procedures; supplemental procedures
Art. 808. Constitutional rights of accused delinquents
Art. 810. Waiver of right to counsel
Art. 811. When jeopardy begins
Art. 811.1. Rights of the victim of alleged delinquent act
Art. 811.2. Victims of juvenile crime compensation fund; established; disbursements
Art. 819. Continued custody hearing; time limitations
Art. 820. Grounds for continued custody prior to adjudication
Art. 821. Continued custody hearing
Art. 822. Place of continued custody prior to adjudication
Art. 823. Right to bail or other security for release
Art. 824. Criteria for setting bail or alternative forms of security
Art. 826. Conditions of release
Art. 827. Judgment of release from continued custody
Art. 828. Violation of conditions of release
Art. 829. Cancellation of bail bond
Art. 830. Modification of bail
Art. 831. Review of bail orders
Art. 832. How mental incapacity is raised; effect
Art. 834. Appointment of sanity commission; qualifications
Art. 834.1. Documentation of competency commission
Art. 835. Report of competency commission; content; filing
Art. 836. Determination of mental capacity to proceed
Art. 837. Procedure after determination of mental capacity
Art. 837.1. Standards for restoration service providers
Art. 837.2. Report of restoration service provider
Art. 837.3. Six-month evaluation; hearing
Art. 837.4. Two-year evaluation; hearing
Art. 837.5. Three-year evaluation; hearing
Art. 838. Procedure when capacity regained
Art. 839. Availability of an informal adjustment agreement
Art. 842. Authority to file petition
Art. 843. Time for filing of petition; child in custody
Art. 845. Contents of petition
Art. 846. Amendment of petition
Art. 848. Notice of right to counsel; form
Art. 849. Service and return; resident parent
Art. 850. Summons; child and resident parent
Art. 851. Failure to appear as summoned
Art. 852. Service; nonresident parent
Art. 853. Effect of nonappearance by a parent
Art. 854. Appearance to answer petition; time
Art. 855. Advice of rights at appearance to answer
Art. 857. Transfers for criminal prosecution; authority
Art. 858. Motion for transfer; notice
Art. 859. Conduct of transfer hearing
Art. 860. Medical, sensory, psychological, and psychiatric examinations
Art. 861. Access to evidence; reports
Art. 862. Transfer hearing; required findings
Art. 863. Effect of transfer order; review
Art. 864. Places of detention; before and after transfer
Art. 865. Preadjudication requests for relief; general provisions
Art. 867. Medical, sensory, psychological, and psychiatric examinations
Art. 868. Medical treatment of children; costs
Art. 869. Insanity plea; appointment of sanity commission
Art. 869.1. Appointment of sanity commission; qualifications
Art. 869.2. Documentation of sanity commission
Art. 869.3. Report of sanity commission; content; filing
Art. 870. Motion for a bill of particulars
Art. 871. Effect of inconsistent or limiting allegations of a bill of particulars
Art. 873. Severance of causes for adjudication
Art. 874. Severance of individual cases for adjudication
Art. 876. Dismissal of petition
Art. 877. Adjudication hearing; time limitations
Art. 878. Order of adjudication hearing
Art. 879. Presence at adjudication hearing; exclusion of witnesses
Art. 880. Right to present evidence and examine witnesses
Art. 881.1. Admissibility of a child's confession in juvenile court
Art. 882. Adjudication by the court
Art. 884.1. Informing the child of sex offender registration and notification requirements; form
Art. 885. Denial of driving privileges; restricted driver's license
Art. 886. Continued custody pending disposition; bail; places of detention
Art. 887. Vacation of adjudication; grounds
Art. 888. Physical and mental examination for disposition; costs
Art. 889. Disclosure of resulting evaluation report
Art. 890. Predisposition report; contents
Art. 891. Disclosure of predisposition report
Art. 892. Disposition hearing; time
Art. 893. Disposition hearing; evidence
Art. 894. Disposition after finding of insanity
Art. 895. Commitment to mental institution
Art. 896. Deferred dispositional agreement
Art. 896.1. Alternative disposition
Art. 897. Disposition after adjudication of a felony-grade delinquent act
Art. 897.1. Disposition after adjudication of certain felony-grade delinquent acts
Art. 898. Duration of a disposition based on a felony-grade adjudication
Art. 899. Disposition after adjudication of a misdemeanor-grade delinquent act
Art. 900. Duration of a disposition based on a misdemeanor-grade adjudication
Art. 901. Disposition guidelines; generally
Art. 901.1. Probation and parole supervision fees
Art. 902. Presence at disposition
Art. 903. Judgment of disposition
Art. 904. Court transmission of reports
Art. 905. Progress reports to court
Art. 905.1. Academic plan for children committed to the Department of Public Safety and Corrections
Art. 906. Required review hearings
Art. 908. Care and treatment by department
Art. 908.1. AIDS and sexually transmitted diseases; victim's testing and services
Art. 909. Modification authority; in general
Art. 910. Modification procedure; generally applicable
Art. 912. Resolution of grievances while under an order of commitment
Art. 913. Revocation of probation; procedure; evidence
Art. 914. Probation violation; sanctions including revocation
Art. 915. Probation revocation; limitations upon restraint
Art. 916. Modification of a mental health commitment
Art. 917. Expungement and sealing; generally
Art. 919. Procedure for expungement and sealing; motions; order
Art. 920. Order of expungement and sealing; court records
Art. 921. Order of expungement and sealing; agency records
Art. 922. Expungement and sealing order; effect
Art. 923. Expungement and sealing of adjudications involving human trafficking victims
Art. 925. Expungement and sealing; forms
Art. 926. Affidavit of response form
Art. 952. General applicability
Art. 953. Scope of traffic jurisdiction
Art. 954. Traffic violations adjudicated on citation; petition not required
Art. 955. Traffic violations; referral to juvenile traffic referee
Art. 956. Authority of juvenile traffic referee
Art. 957. Appointment of counsel
Art. 958. Disposition immediately following adjudication
Art. 959. Disposition of traffic violations
Art. 960. Traffic cases heard before juvenile traffic referee; appeal to court
Art. 1001.1. Priority of docketing; adjudication