NOTE: §315.14 eff. Jan. 1, 2025. See Acts 2024, No. 448.

§315.14. Disabled children; proof of disability; pleadings; orders; requirements

            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.

            Acts 2024, No. 448, §2, eff. Jan. 1, 2025.