Rule 35.1 Failure To Timely Comply with Hearing Officer Conference and Information Order and Affidavit
Title IV: Rules for Family Law Proceedings in District Courts, in the Family Court for the Parish of East Baton Rouge, and Proceedings in Juvenile and District Courts Pursuant to Title IV-D of the Social Security Act | Chapter 35: General Procedures for Hearing Officer Conferences
Rule Text
If a party does not provide the required financial information as ordered by the court necessary for the hearing officer to make a determination as to the amount of child support or spousal support, then the hearing officer, in order to do substantial justice, may: (1) recommend that the party failing to produce the financial information be found in contempt of court with sanctions to be imposed; and/or (2) recommend that the matter be dismissed without prejudice; and/or (3) recommend that good cause exists to modify the retroactivity of the award; and/or (4) make temporary recommendations based upon the limited information provided; and/or (5) recommend that the attorney or self-represented parties who failed to produce the financial information pay the reasonable expenses, including attorney fees, caused by the failure. If the hearing officer is unable to make a recommendation based upon the information provided, the court may set a limited hearing for purposes of setting temporary child support or spousal support or contempt of court. The temporary order shall be without prejudice and shall not affect claims of retroactivity except for good cause shown.
For court-specific rules concerning failure to timely comply with an Appendix 23.0D Hearing Officer Conference and Information Order and/or an Appendix 23.0B Family Law Affidavit, see Appendix 35.1.
Amendment history: Adopted April 30, 2015, effective July 1, 2015.