§236.13. Privilege on proceeds collected from third party in favor of the Department of Children and Family Services for executory child support arrears

A. The Department of Children and Family Services or its designee, as defined in R.S. 46:236.1.1 et seq., shall have a privilege for executory child support arrears on an amount payable to an injured person, his heirs, or legal representatives, out of the total amount of any recovery or sum had, collected, or to be collected, whether by judgment or by settlement or compromise, from another person on account of such injuries, and on the amount payable by any insurance company under any contract providing for indemnity or compensation to the injured person.

B.(1) The privilege created herein shall become effective against the noticed person if and when, prior to the payment of insurance proceeds, or to the payment of any judgment, settlement, or compromise on account of injuries, a written notice containing the name and address of the injured person named in a pending legal proceeding wherein compensation for injuries is claimed by the injured person is served on or is sent by the department, certified mail, return receipt requested, to any of the following:

(a) The injured person.

(b) His attorney.

(c) Third person alleged to be liable to the injured person for the injuries sustained.

(d) To any insurance carrier which has insured such third person against liability.

(e) To any insurance company obligated by contract to pay indemnity or compensation to the injured person.

(2) The written notice shall be accompanied by a certified copy of the executory judgment of child support arrears.

C. Any person who, having received notice in accordance with the provisions hereof, pays over any monies subject to the privilege created herein, to any injured person, or to the attorney, heirs, or legal representatives of any injured person, shall be liable to the department for the amount of the executory judgment of child support arrears and any costs incurred to pursue this privilege. The liability created under this privilege shall not exceed the amount paid to the injured person, or to the attorney, heirs, or legal representatives of the injured person. The privileges created herein shall be paid in the order in which the third party receives notice of said privilege.

D. If the department fails to comply with the provisions of this Section, the privilege created shall be dissolved and ineffective.

E. The remedy herein provided is in addition to any other remedy otherwise available to enforce a support order. Relief under this Section shall not be denied, delayed, or otherwise affected because of the availability of other remedies, nor shall relief under any other provision of law be delayed or denied because of the availability of this remedy.

Acts 1997, No. 996, §1; Acts 2003, No. 1068, §9, eff. July 2, 2003.