Back child support in Louisiana refers to past-due, court-ordered child support payments that an obligor parent failed to pay. In 2026, each missed installment automatically becomes an enforceable money judgment under La. R.S. § 13:4291, accrues judicial interest at 7.5% per year under La. R.S. § 13:4202, and remains collectible for 10 years after the child reaches the age of majority. Louisiana arrears never expire through bankruptcy and cannot be retroactively reduced below the date of judicial demand.
This guide explains how back child support works in Louisiana, how the Department of Children and Family Services (DCFS) enforces it, the interest and penalties that apply, and the legal options available to both the parent owed support and the parent who owes it. Antonio G. Jimenez, Esq. (Florida Bar No. 21022, covering Louisiana divorce law) prepared this resource to give parents clear, statute-based answers about past due child support, child support arrears, and child support debt in Louisiana.
Key Facts: Back Child Support in Louisiana (2026)
| Factor | Louisiana Rule (2026) |
|---|---|
| Judicial interest rate on arrears | 7.5% per year (set by Commissioner of Financial Institutions under R.S. 13:4202) |
| Statute of limitations (prescription) | 10 years from the child's age of majority (R.S. 13:4291) |
| Each missed payment | Becomes a judgment by operation of law on its due date |
| Retroactive modification limit | Only back to date of judicial demand (R.S. 9:315.21) |
| Criminal threshold | Arrears over $2,500 or unpaid 6+ months (R.S. 14:75) |
| DCFS application fee | $25 (waived for FITAP, KCSP, Medicaid recipients) |
| Annual collection fee | $35 (after $550 collected, if never received FITAP) |
| Court filing fee (contempt/modification) | $50–$200 depending on parish |
| Enforcing agency | DCFS Child Support Enforcement (CSE) |
| Payment processor | DCFS Centralized Collection Unit (1-888-524-3578) |
Filing fees as of March 2026. Verify with your local clerk of court before filing.
What Is Back Child Support in Louisiana?
Back child support in Louisiana is the cumulative total of unpaid, past-due child support installments that became due under an existing court order. Under La. R.S. § 13:4291, each payment that is past due is "deemed a judgment by operation of law" on the date it was due, meaning the obligee parent does not need a new court ruling to make each missed payment legally enforceable. The court determines the actual amount owed through a summary proceeding.
This automatic-judgment feature is powerful. It means a parent who missed payments for several years has effectively accumulated dozens of separate money judgments, each enforceable individually and each carrying its own interest accrual date. Louisiana courts cannot forgive these accrued arrears retroactively, because La. R.S. § 9:315.21 limits any modification to the date of judicial demand. The legal terms "arrears," "arrearages," past due child support, and child support debt all describe the same obligation: money owed for the support of a child that was ordered but never paid.
How Much Interest Accrues on Past Due Child Support?
Past due child support in Louisiana accrues judicial interest at 7.5% per year in 2026, applied as simple interest on each installment from the date it became due. The Louisiana Commissioner of Financial Institutions sets this rate annually under La. R.S. § 13:4202, adding 3.25 percentage points to the Federal Reserve discount rate published the first business day of October. The rate changes every calendar year.
Because child support arrears typically span multiple years, the interest calculation must apply the correct rate for each year the debt was outstanding. A parent who fell behind in 2022 and remains behind in 2026 accrued interest at five different rates. The recent historical rates are:
| Calendar Year | Louisiana Judicial Interest Rate |
|---|---|
| 2026 | 7.5% |
| 2025 | 8.25% |
| 2024 | 8.75% |
| 2023 | 6.5% |
| 2022 | 3.5% |
For example, $10,000 in arrears that became due on January 1, 2024, would accrue approximately $875 in interest during 2024 (at 8.75%), $825 during 2025 (at 8.25%), and $750 during 2026 (at 7.5%). Because each missed monthly installment carries its own due date, accurate calculation requires tracking each payment separately. Multi-year arrears calculations are a frequent source of error, so parents owed significant child support debt should request an official arrears balance from DCFS or consult a Louisiana family law attorney before negotiating.
How Does Louisiana Enforce Back Child Support?
Louisiana enforces back child support through the DCFS Child Support Enforcement (CSE) program, which operates under federal Title IV-D authority and deploys multiple collection tools without needing a new court order for most actions. The CSE program can intercept tax refunds, garnish wages, levy bank accounts, suspend licenses, and report arrears to credit bureaus. These administrative remedies operate alongside the judicial remedies available through the courts.
The primary enforcement mechanisms DCFS uses against child support arrears include:
- Income withholding: Support is deducted directly from the obligor's wages and sent to the obligee. If automatic withholding was not in the original order, the obligee can request an income assignment once the obligor falls one month behind; the obligor has 15 days to contest.
- Tax refund interception: DCFS refers eligible arrears to the U.S. Treasury to intercept federal and state tax refunds.
- Bank account liens and levies: Financial institution accounts can be liened or levied without a separate judicial order.
- License suspension: Driver's, professional, and recreational licenses can be suspended for noncompliance under La. R.S. § 9:315.40.
- Passport denial: The U.S. State Department denies passports to obligors owing more than $2,500 in arrears.
- Credit bureau reporting: Arrears are reported to credit bureaus and continue to appear until the debt is satisfied.
- Interstate enforcement: Under the Uniform Interstate Family Support Act (UIFSA), DCFS coordinates with other states' agencies when the obligor lives out of state.
DCFS also publishes a "most wanted" list of obligors who have not paid in the last six months and owe up to $10,000, posting names and addresses on its website. To check an arrears balance, parents can call the DCFS Centralized Collection Unit at 1-888-524-3578, available 24 hours a day.
Can You Go to Jail for Back Child Support in Louisiana?
Yes, a parent can go to jail for back child support in Louisiana under both civil contempt and criminal prosecution. Under La. R.S. § 14:75, Louisiana's "Deadbeat Parents Punishment Act," criminal charges apply when arrears exceed $2,500 or the obligation has gone unpaid for more than six months. When arrears exceed $15,000 and have been outstanding at least one year, the penalty is a fine up to $2,500, imprisonment with or without hard labor up to two years, or both.
Civil contempt operates separately. The obligee parent can file a "rule for contempt" in the court that issued the original order. Under La. R.S. § 46:236.6, the court may hold a defendant in contempt only if it expressly finds the defendant is in arrears, knew of the order, and had the capacity to pay out of currently available resources, or could have obtained the capacity through diligence and refused. A judge must find the failure to pay was willful before imposing jail time.
A critical protection exists for parents who genuinely cannot pay. La. R.S. § 14:75 provides an affirmative defense: it is a complete defense that the obligor was financially unable to pay the support obligation during and after the period of nonpayment. Incarceration does not erase the debt. Under La. R.S. § 46:236.6, serving a jail sentence does not relieve the defendant of the underlying child support obligation, and any partial payment applied toward a suspended sentence does not extinguish the total amount due.
What Is the Statute of Limitations on Back Child Support?
The statute of limitations on back child support in Louisiana is 10 years, but it does not begin running until the child reaches the age of majority. Under La. R.S. § 13:4291, prescription does not commence against a child support judgment until the child turns 18 or the support obligation otherwise ceases. This means arrears remain collectible for a decade after the youngest child reaches majority, giving obligees a long enforcement window.
Louisiana Civil Code Article 3501.1 reinforces this 10-year prescriptive period. Importantly, prescription is interrupted each time a payment is made, including payments collected through income assignment orders, seizures, or tax intercepts. Under La. R.S. § 13:4291, every such payment restarts the 10-year clock, so a parent who makes even sporadic partial payments may keep the entire arrears balance enforceable indefinitely.
Obligees can also extend enforceability before the period expires. The statute permits filing an affidavit of support owed in the mortgage records, which creates a judicial mortgage and legal privilege securing the arrears. This converts the arrears into a recorded lien against the obligor's property. Because of these interruption and extension mechanisms, parents who believe back child support has "expired" should confirm the prescription status with an attorney rather than assuming the debt is uncollectible.
Can Back Child Support Be Reduced or Forgiven in Louisiana?
Back child support that has already accrued in Louisiana generally cannot be reduced or forgiven by a court. Under La. R.S. § 9:315.21, a judgment modifying or revoking a final child support order is retroactive only to the date of judicial demand, except for good cause shown, and in no case earlier than the date of judicial demand. This rule means a parent cannot wait until arrears accumulate and then ask a court to wipe out the back-owed balance.
The practical consequence is that obligors must seek a modification immediately when their circumstances change, such as job loss, disability, or reduced income. If a parent waits, support continues to accrue at the original ordered amount and becomes an enforceable judgment for each missed installment. The "good cause" exception in La. R.S. § 9:315.21 is narrow and highly fact-specific; Louisiana appellate courts in cases like Moran v. Moran have required clear justification before allowing modification retroactive to a date earlier than judicial demand.
The obligee parent may voluntarily agree to compromise arrears that are owed directly to them, though this requires court approval and does not apply to arrears assigned to the state for public-assistance reimbursement. Arrears owed to DCFS for reimbursement of FITAP or Medicaid benefits cannot be forgiven by the custodial parent because the debt is owed to the state, not the parent. A 2024 amendment, Acts 2024 No. 448, also repealed the Hurricane Katrina/Rita retroactivity provisions effective January 1, 2025, removing a previously available exception.
What Are the Costs to Pursue or Defend Back Child Support?
Pursuing back child support through DCFS in Louisiana costs $25 to apply, with the fee waived for families receiving FITAP, KCSP, or Medicaid. Federal law also requires CSE to charge a $35 annual collection fee once it collects $550 in a federal fiscal year, charged only to individuals who never received FITAP. These DCFS service fees are separate from court filing costs.
Parents who pursue enforcement directly through the courts, rather than DCFS, face parish-level filing fees. As of March 2026, filing a rule for contempt or a motion to modify in Louisiana costs between $50 and $200 depending on the parish. Because court costs are set locally, verify the exact amount with your parish clerk of court before filing.
| Cost Type | Amount (2026) | Who Pays / Notes |
|---|---|---|
| DCFS application fee | $25 | Waived for FITAP/KCSP/Medicaid recipients |
| DCFS annual collection fee | $35 | After $550 collected; only if never received FITAP |
| Court filing fee (contempt/modification) | $50–$200 | Varies by parish; verify with clerk |
| Attorney fees | Varies | Court may order obligor to pay obligee's fees in contempt |
In contempt proceedings, Louisiana courts may order the non-paying parent to pay the obligee's attorney fees and court costs, shifting the financial burden to the parent who violated the order. Filing fees and DCFS fees as of March 2026. Verify with your local clerk and DCFS before relying on these figures.
How Do You Collect Back Child Support in Louisiana?
To collect back child support in Louisiana, the most direct route is to apply for DCFS Child Support Enforcement services for $25 (or free if receiving public assistance) and let the agency deploy its administrative tools. DCFS can garnish wages, intercept tax refunds, levy bank accounts, suspend licenses, and report the debt to credit bureaus, often without further court action. Parents can begin the process through the DCFS online application.
If DCFS enforcement does not produce results, or if a parent prefers direct legal action, the next step is filing a rule for contempt in the court that issued the original support order. Under La. R.S. § 46:236.6, the court can impose fines, community service, or jail time if it finds the failure to pay was willful and the obligor had the ability to pay. The obligee should bring documentation of the order and a record of missed payments.
For obligors who own property, recording an affidavit of support owed under La. R.S. § 13:4291 creates a judicial mortgage that attaches to the obligor's real estate, preventing a sale or refinance until the arrears are paid. Under La. R.S. § 9:315.24, DCFS may also bring revocatory or oblique actions to undo transactions an obligor made to hide assets and increase insolvency. Even after a support order terminates, La. R.S. § 46:236.6 preserves the court's and DCFS's power to collect any overdue arrears.