SUBPART B. OTHER CHILD SUPPORT PROVISIONS
§315.21. Retroactivity of child support judgment
A. Except for good cause shown, a judgment awarding, modifying, or revoking an
interim child support allowance shall be retroactive to the date of judicial demand, but in no
case prior to the date of judicial demand.
B.(1) A judgment that initially awards or denies final child support is effective as of
the date the judgment is signed and terminates an interim child support allowance as of that
date.
(2) If an interim child support allowance award is not in effect on the date of the
judgment awarding final child support, the judgment shall be retroactive to the date of
judicial demand, except for good cause shown, but in no case prior to the date of judicial
demand.
C. Except for good cause shown, a judgment modifying or revoking a final child
support judgment shall be retroactive to the date of judicial demand, but in no case prior to
the date of judicial demand.
D. Child support of any kind, except that paid pursuant to an interim child support
allowance award, provided by the judgment debtor from the date of judicial demand to the
date the support judgment is signed, to or on behalf of the child for whom support is ordered,
shall be credited to the judgment debtor against the amount of the judgment.
E. In the event that the court finds good cause for not making the award retroactive
to the date of judicial demand, the court may fix the date on which the award shall
commence, but in no case shall this date be a date prior to the date of judicial demand.
NOTE: Subsection F eff. until Jan. 1, 2025. See Acts 2024, No. 448.
F.(1) Notwithstanding any other provision of this Section, if a party has been directly
affected by Hurricane Katrina, a judgment modifying a final child support judgment may be
made retroactive to August 26, 2005, if judicial demand is made prior to April 15, 2006.
(2) Notwithstanding any other provision of this Section, if a party has been directly
affected by Hurricane Rita, a judgment modifying a final child support judgment may be
made retroactive to September 20, 2005, if judicial demand is made prior to April 15, 2006.
NOTE: Subsection F as repealed by Acts 2024, No. 448, eff. Jan. 1, 2025.
F. Repealed by Acts 2024, No. 448, §3, eff. Jan. 1, 2025.
Acts 1993, No. 261, §7, eff. Jan. 1, 1994; Acts 2001, No. 459, §1; Acts 2005, 1st Ex.
Sess., No. 59, §1, eff. Dec. 6, 2005; Acts 2024, No. 448, §3, eff. Jan. 1, 2025.
NOTE: See Acts 2005, 1st Ex. Sess., No. 59, §2, relative to effectiveness.