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Child Support & Spousal Support Modification Attorney in Lake Charles, Louisiana

Your Support Order Was Set Based on a Reality That No Longer Exists

The number in your support order was calculated based on the circumstances at the time it was entered — your income, your expenses, your custody schedule. But circumstances change. Jobs are lost. Incomes rise and fall. Children’s needs evolve. A parent moves. And yet, your support obligation stays fixed at the original number until a court changes it.

That is not automatic. It will not happen on its own. And every month you wait to file is a month the old number stays in effect — because in Louisiana, a support modification is only retroactive to the date you file the petition, not the date your circumstances changed. If your financial situation has shifted materially since your last order was entered, the clock is already running against you.


If you haven’t already spoken to an attorney, you’re already behind. Contact Colonna Law Firm now.

When Can a Support Order Be Modified in Louisiana?

Both child support and spousal support orders can be modified when circumstances change after the order is entered. The law requires the change to be material and substantial — not every fluctuation in income or expenses justifies reopening a support order. Courts use this standard to balance financial stability with the reality that life genuinely changes over time.

Modifying Child Support in Louisiana

Louisiana child support orders are modifiable under La. R.S. 9:311 when there has been a material and substantial change in circumstances. Common grounds I handle include:

  • A significant increase or decrease in either parent’s income — Louisiana courts often treat a 25% or greater change in the calculated support obligation as a threshold indicator
  • Job loss or involuntary reduction in income
  • A substantial change in the child’s medical, educational, or childcare expenses
  • A significant change in the custody schedule that affects the support calculation
  • A child aging out of the support obligation
  • Changes in health insurance coverage for the child

When calculating the new support amount, I apply the La. R.S. 9:315 income shares formula to current income figures. If a parent has voluntarily reduced their income or quit their job without good cause, I ask the court to impute income at the level that parent is capable of earning — preventing them from artificially lowering their obligation while I am protecting my client’s position.

Modifying Spousal Support in Louisiana

Final periodic spousal support is modifiable under Civil Code Article 112 when either party experiences a material change in circumstances. Common grounds include:

  • A substantial change in either party’s income or financial resources
  • The receiving spouse’s increased earning capacity due to education, training, or new employment
  • A significant health change affecting either party’s ability to earn income
  • The receiving spouse beginning to cohabit with another person in a marriage-like relationship
  • Remarriage of the receiving spouse, which automatically terminates support

Interim spousal support — paid during the divorce proceeding — is also modifiable if circumstances change while the proceeding is pending. I evaluate both types at the 14th JDC and advise which proceeding is appropriate based on where the case currently stands.

The Filing Date Rule — Why You Cannot Wait

Defending Against a Modification Request

I also represent clients defending against modification requests they believe are unwarranted. A parent seeking modification based on voluntary income reduction, lifestyle changes, or tactical motivations does not deserve a reduced obligation. I scrutinize the financial documentation submitted in modification proceedings, challenge the factual basis for claimed changes, and use discovery aggressively when an opposing party’s claimed income change appears suspicious or is unsupported.

If you have been served with a modification petition, do not ignore it. The court will proceed with or without your participation, and a default outcome in a support modification is almost always worse than an actively defended one.


Frequently Asked Questions

If I lose my job, is my child support automatically adjusted?

No. Your support obligation remains fixed at the court-ordered amount until you file a formal petition for modification with the court. If you stop paying or pay less without a new court order, you can be held in contempt, face fines, and accumulate arrears that are nearly impossible to discharge. I file modification petitions immediately when a client experiences an involuntary job loss — because the modification is only retroactive to the date of filing, not the date the job was lost.

Can I use the modification process to catch up on missed payments?

No. A modification petition addresses only future support obligations. Past-due child support — arrears — is treated as a final judgment under Louisiana law, and it cannot be retroactively reduced or forgiven through a modification proceeding. Arrears also accrue interest. If you have fallen behind, the priority is getting a modification filed to stop the accumulation going forward, while separately addressing the arrears situation.

What if the other parent is hiding income to avoid paying more support?

If I suspect hidden income, I use the discovery process to subpoena bank records, tax returns, employer documentation, and lifestyle evidence. If the parent is voluntarily underemployed or masking assets, your attorney can ask the court to impute income at the level they are capable of earning.

Can I get child support reduced if I lose my job in Louisiana?

Yes, if the job loss is involuntary. Courts will not reduce support for a parent who voluntarily quit, was fired for cause, or is underemployed by choice. Your attorney can file modification petitions as soon as an involuntary job loss occurs, because the modification is retroactive to the date of filing — not the date of the hearing. Waiting costs money that cannot be recovered.

Can spousal support be reduced if my income drops?

Yes. A substantial and lasting reduction in the paying spouse’s income is grounds for a spousal support modification under Civil Code Article 112. The court evaluates whether the income reduction is genuine and involuntary, the receiving spouse’s current financial circumstances, and any other changed conditions.

When does a support modification take effect in Louisiana?

A child support modification in Louisiana is generally retroactive to the date the modification petition is filed with the court — not the date of the hearing or the date the order is signed. This makes timely filing critical. If circumstances have changed and you are waiting to file, you are losing money that cannot be recovered.

Does remarriage affect spousal support in Louisiana?

Yes. The remarriage of the receiving spouse automatically terminates a final periodic spousal support obligation in Louisiana — no court order is required to trigger termination. However, your attorney can file a motion to confirm the termination in the court record to avoid any future dispute about when support ended. The receiving spouse’s cohabitation with another person in a marriage-like relationship may also support termination, but that requires a court ruling and proof of the relationship’s nature


Last Reviewed: June 2026 | Content reviewed by Jacob Colonna, Attorney at Law


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