Skip to main content
Find a Lawyer

Louisiana Revised Statutes Tit. 9, § 315.14. Disabled children; proof of disability; pleadings; orders; requirements

Current as of January 01, 2023 | Updated by Findlaw Staff

A. (1) A pleading to establish, modify, or continue an award of child support for a minor child who has a developmental disability as defined in R.S. 28:451.2 shall allege facts showing that the child has such a developmental disability and that the obligor has an ongoing duty to provide support until the minor child attains the age of twenty-two, as long as the child is a full-time student in a secondary school.

(2) Any order or judgment granting or continuing an award of support for a child with a developmental disability shall state that the child in question has a developmental disability, as defined in R.S. 28:451.2, and is eligible for support from the obligor until the child attains the age of twenty-two.

B. (1) A pleading to establish, modify, or continue an award of child support in accordance with R.S. 9:315.22.1 shall allege facts showing all of the following:

(a) The child in question is incapable of self-support and requires substantial care and personal supervision because of an intellectual or physical disability.

(b) The disability currently exists and manifested during the child's minority.

(c) The obligor has an indefinite duty to provide support because of the disability.

(2) Any order or judgment granting or continuing an award of support in accordance with R.S. 9:315.22.1 shall state that the child requires continuous care and personal supervision because of his disability, will not be capable of self-support, and that the child support payments for the child shall continue after his eighteenth birthday for an indefinite period.

C. Notwithstanding the identity of the plaintiff, the primary domiciliary parent or legal guardian shall bear the burden of proving that a disability exists by clear and convincing evidence. Such evidence shall include, at a minimum, certified medical records.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 9, § 315.14. Disabled children; proof of disability; pleadings; orders; requirements - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-9-sect-315-14/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard