§1442. Definitions

As used in this Chapter, the following words and phrases shall have the following meanings:

(1) "Arrears" or "arrearages" means amounts of past due and unpaid monthly support obligations established by a court order issued by any court of this state or another state, including any judgment or order issued in accordance with an administrative procedure established by state law that affords substantial due process and is subject to judicial review, or any other judgment created by operation of any state law.

(2) "Child support" means any amount required to be paid pursuant to a court order issued by any court of this state or another state, including any judgment or order issued in accordance with an administrative procedure established by state law that affords substantial due process and is subject to judicial review.

(3) "Contract" means a contract or agreement, as described in R.S. 51:1444, pursuant to which a private child support collection agency agrees to perform support enforcement services for an obligee for a fee or other compensation.

(4) "Department" means the Department of Children and Family Services, office of children and family services, child support enforcement section.

(5) "FITAP" means Family Independence Temporary Assistance Program.

(6) "Obligee" means an individual who is owed child support under a child support order and who has entered or may enter into a contract with a collection agency.

(7) "Obligor" means a resident of this state required to pay child support in accordance with an order of support issued by a court or other tribunal.

(8) "Order of support" or "child support order" means any judgment or order for the support of dependent children issued by any court of this state or another state, including any judgment or order issued in accordance with an administrative procedure established by state law that affords substantial due process and is subject to judicial review.

(9)(a) "Private child support collection agency" or "collection agency" means an individual or nongovernmental entity that solicits and contracts directly with obligees to provide child support collection services for compensation.

(b) For the purposes of this Chapter, the following persons or entities are not considered a private child support collection agency:

(i) The department or any government agency providing services in accordance with Title IV-D of the Social Security Act and corresponding state laws and regulations;

(ii) An attorney duly licensed to practice law in the state of Louisiana if he is not employed by a private child support collection agency or does not derive a substantial portion of business from the collection or enforcement of child support. As used in this Section, "substantial" means that at least fifty percent of the attorney's business, either in terms of remuneration or time spent, is comprised of the activity of seeking to collect or enforce child support obligations.

(iii) A collection agency that performs support enforcement services while under contract with the department to provide such services in accordance with Title IV-D of the Social Security Act and corresponding state laws and regulations.

(iv) A public officer, judicial officer, receiver, or trustee acting in accordance with a court order.

(10) "Support services" and "support enforcement services" means:

(a) Any action taken by the department, upon receipt of an application or referral for services or a request made under the Uniform Interstate Family Support Act, in accordance with the federal requirements of Title IV-D of the Social Security Act and corresponding state laws and regulations without regard to whether there is any existing court order, delinquency, or presumption of paternity.

(b) A service, including related financial accounting services, performed directly or indirectly for the purpose of causing a payment required, or allegedly required, by an order of support to be made to the obligee or to an agent of that individual.

Acts 2010, No. 872, §2, eff. July 2, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2012, No. 255, §8.