Title 9, Civil Code-Ancillaries

0 chapters · 2,355 sections in this title.

2,355 sectionsFiltered byTitle 9

La. Rev. Stat. § 9:3108 Repealed by Acts 2001, No
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§3108. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
La. Rev. Stat. § 9:3109 Repealed by Acts 2001, No
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§3109. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
La. Rev. Stat. § 9:311 Modification or suspension of support; material change in circumstances; periodic
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§311. Modification or suspension of support; material change in circumstances; periodic review by Department of Children and Family Services; medical support A.(1) An award for support shall not be modified unless the party seeking the modification shows a material change in circ…
La. Rev. Stat. § 9:311.1 Child support during the obligor's incarceration; Department of Children and Family
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§311.1. Child support during the obligor's incarceration; Department of Children and Family Services providing support enforcement services A. In accordance with the provisions of this Section, every child support order shall be suspended when the obligor is incarcerated for, or …
La. Rev. Stat. § 9:3110 Repealed by Acts 2001, No
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§3110. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
La. Rev. Stat. § 9:3111 Repealed by Acts 2001, No
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§3111. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
La. Rev. Stat. § 9:3112 Repealed by Acts 2001, No
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§3112. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
La. Rev. Stat. § 9:312 Child support; accounting; requirements
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§312. Child support; accounting; requirements A. On motion of the party ordered to make child support payments pursuant to court decree, by consent or otherwise, after a contradictory hearing and a showing of good cause based upon the expenditure of child support for the six mont…
La. Rev. Stat. § 9:3121 Crop financing; assignment of interest by agricultural producer
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§3121. Crop financing; assignment of interest by agricultural producer A. When an agricultural producer, as defined in R.S. 3:3402, obtains financing for the production of a crop, and the total amount of the proceeds of that financing has not been disbursed, the agricultural prod…
La. Rev. Stat. § 9:313 Divorce and child support proceedings; special requirements
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§313. Divorce and child support proceedings; special requirements A. Each party in a divorce proceeding shall provide the court with his social security number or a statement that a social security number is not available. The social security number or statement shall be an attac…
La. Rev. Stat. § 9:3131 Legislative intent
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§3131. Legislative intent The legislature finds and declares that the public policy of this state favors the marketability of immovables and the transferability of interests in immovables free of title defects or unreasonable restraints on alienation. The legislature further find…
La. Rev. Stat. § 9:3132 Definitions
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§3132. Definitions As used in this Chapter: (1) "Private transfer fee" means a fee or charge required by a private transfer fee obligation and payable upon the transfer of an interest in an immovable, or payable for the right to make or accept such transfer, regardless of whether…
La. Rev. Stat. § 9:3133 Private transfer fee; prohibition
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§3133. Private transfer fee; prohibition A private transfer fee obligation does not constitute a real right and is not effective or enforceable against third persons, whether or not the declaration or agreement under which it arises is recorded. Acts 2010, No. 938, §1, eff. July …
La. Rev. Stat. § 9:3134 Violations; liability
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§3134. Violations; liability Any natural or juridical person who records or enters into an agreement imposing a private transfer fee obligation in their favor after July 2, 2010, shall be liable for: (1) Any and all damages resulting from the imposition of the transfer fee obliga…
La. Rev. Stat. § 9:3135 Disclosure
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§3135. Disclosure A seller of an immovable shall furnish to any purchaser a written statement disclosing the existence of any private transfer fee obligation. This written statement shall include a description of the private transfer fee obligation and include a statement that pr…
La. Rev. Stat. § 9:3136 Existing transfer fee obligations; notice requirements
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§3136. Existing transfer fee obligations; notice requirements A. For a private transfer fee obligation imposed prior to July 2, 2010, the person entitled to receive the fee shall record, prior to December 31, 2010, a separate document in the conveyance records of the parish in wh…
La. Rev. Stat. § 9:3137.1 Short title
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§3137.1. Short title This Part shall be known and may be cited as the "Louisiana Exchange Sale of Receivables Act". Acts 2010, No. 958, §1, eff. July 6, 2010.
La. Rev. Stat. § 9:3137.10 Revenue-based financing transaction
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§3137.10. Revenue-based financing transaction A.(1) For the purposes of this Chapter, "revenue-based financing transaction" means an agreement under which a person engaged in a commercial enterprise sells or agrees to forward a percentage of sales, revenue, or income, and the per…
La. Rev. Stat. § 9:3137.2 Legislative intent
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§3137.2. Legislative intent A. It is the intent of the legislature to encourage and promote businesses to offer sellers the ability to sell their receivables to qualified buyers over electronic and other types of exchanges located in this state, thereby availing themselves of Lou…
La. Rev. Stat. § 9:3137.3 Definitions
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§3137.3. Definitions A. For the purposes of this Part, the following terms shall have the following meanings unless the context clearly indicates otherwise. (1) "Buyer" means the person buying a receivable over an exchange located in this state. (2) "Collection proceeds" means an…
La. Rev. Stat. § 9:3137.4 Scope
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§3137.4. Scope A. This Part shall apply to all sales of receivables over exchanges located in this state irrespective of whether the buyer or the seller of the receivable is a Louisiana resident, business organization or other entity, provided that the buyer and the seller contra…
La. Rev. Stat. § 9:3137.5 True sales of receivables; not subject to recharacterization; simulation articles not applicable
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§3137.5. True sales of receivables; not subject to recharacterization; simulation articles not applicable A. All sales of receivables over exchanges subject to the scope of this Part as provided by R.S. 9:3137.4(A) shall conclusively result in consummated true sales for all purpo…
La. Rev. Stat. § 9:3137.6 Binding effectiveness of Louisiana law
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§3137.6. Binding effectiveness of Louisiana law A. Louisiana law, and specifically this Part and R.S. 10:9-109(e), shall apply to all sales of receivables over exchanges located in this state irrespective of the domicile or other location of the buyer or the seller. B.(1) The sel…
La. Rev. Stat. § 9:3137.7 Buyer ownership rights; evidence of ownership
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§3137.7. Buyer ownership rights; evidence of ownership A. The buyer shall be deemed for all purposes, and not be limited to a bankruptcy context, to be the owner of a receivable purchased over an exchange located in this state, with the buyer having the right to all of the follow…
La. Rev. Stat. § 9:3137.8 Relationship to the UCC
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§3137.8. Relationship to the UCC A. This Part supplements R.S. 10:9-109(e), and shall not be construed to implicitly amend or repeal any provision of the UCC, including but not limited to R.S. 10:1-201(35), 9-102(72)(D), 9-109(e), 9-301, 9-307, 9-310(a), 9-312(a), 9-317 through 9…
La. Rev. Stat. § 9:3137.9 Prohibition of actions
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§3137.9. Prohibition of actions A seller shall not maintain an action or have any claim against an owner or operator of an exchange located in this state, or against a buyer of the receivables, unless there is an agreement in writing setting forth the relevant terms and condition…
La. Rev. Stat. § 9:314 Attorney fees and court costs in domestic abuse cases
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§314. Attorney fees and court costs in domestic abuse cases The court may assess against the perpetrator of domestic abuse all court costs, attorney fees, costs of enforcement and modification proceedings, costs of appeal, evaluation fees, and expert witness fees in an action for…
La. Rev. Stat. § 9:3141 Purpose
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§3141. Purpose The legislature finds a need to promote commerce in Louisiana by providing clear, concise, and mandatory warranties for the purchasers and occupants of new homes in Louisiana and by providing for the use of homeowners' insurance as additional protection for the pub…
La. Rev. Stat. § 9:3142 Short title
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§3142. Short title This Chapter shall be known and may be cited as the "New Home Warranty Act." Acts 1986, No. 676, §1.
La. Rev. Stat. § 9:3143 Definitions
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§3143. Definitions For purposes of this Chapter the following words, phrases, and terms shall be defined and construed as follows: (1) "Builder" means any person, corporation, partnership, limited liability company, joint venture, or other entity which constructs a home, or addit…
La. Rev. Stat. § 9:3144 Warranties; exclusions
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§3144. Warranties; exclusions A. Subject to the exclusions provided in Subsection B of this Section, every builder warrants the following to the owner: (1) One year following the warranty commencement date, the home will be free from any defect due to noncompliance with the build…
La. Rev. Stat. § 9:3145 Required notice
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§3145. Required notice A. Before undertaking any repair himself or instituting any action for breach of warranty, the owner shall give the builder written notice, by registered or certified mail, within one year after knowledge of the defect, advising him of all defects and givin…
La. Rev. Stat. § 9:3146 Peremption
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§3146. Peremption Any action to enforce any warranty provided in this Chapter shall be subject to a peremptive period of thirty days after the expiration of the appropriate time period provided in R.S. 9:3144. Acts 1986, No. 676, §1; Acts 2001, No. 179, §1.
La. Rev. Stat. § 9:3147 Insurance
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§3147. Insurance All or part of the builder's obligation under any warranty required in this Chapter may be insured by the builder for the benefit of the purchaser through an insurance company authorized to transact business in this state. Acts 1986, No. 676, §1.
La. Rev. Stat. § 9:3148 Transfer of warranty and insurance
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§3148. Transfer of warranty and insurance Any warranty imposed under the provisions of this Chapter and any insurance benefit shall automatically transfer without charge, to a subsequent owner who acquires title to the home. Any transfer of the home shall not extend the duration …
La. Rev. Stat. § 9:3149 Violations; limitations
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§3149. Violations; limitations A. If a builder violates this Chapter by failing to perform as required by the warranties provided in this Chapter, any affected owner shall have a cause of action against the builder for actual damages, including attorney fees and court costs, aris…
La. Rev. Stat. § 9:315 Economic data and principles; definitions
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§315. Economic data and principles; definitions A. Basic principles. The premise of these guidelines as well as the provisions of the Civil Code is that child support is a continuous obligation of both parents, children are entitled to share in the current income of both parents,…
La. Rev. Stat. § 9:315.1 Rebuttable presumption; deviation from guidelines by court; stipulations by parties
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§315.1. Rebuttable presumption; deviation from guidelines by court; stipulations by parties A. The guidelines set forth in this Part are to be used in any proceeding to establish or modify child support filed on or after October 1, 1989. There shall be a rebuttable presumption th…
La. Rev. Stat. § 9:315.1.1 Determination of income; evidence
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§315.1.1. Determination of income; evidence A. When a party alleges that income is being concealed or underreported, the court shall admit evidence relevant to establishing the actual income of the party, including but not limited to the following: (1) Redirected income. (a) Loan…
La. Rev. Stat. § 9:315.10 Effect of split custodial arrangement
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§315.10. Effect of split custodial arrangement A.(1) "Split custody" means that each party is the sole custodial or domiciliary parent of at least one child to whom support is due. Split custody exists where there is a custody order or joint plan of implementation providing for s…
La. Rev. Stat. § 9:315.11 Voluntarily unemployed or underemployed party
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§315.11. Voluntarily unemployed or underemployed party A.(1) If a party is voluntarily unemployed or underemployed, child support shall be calculated based on a determination of income earning potential, unless the party is physically or mentally incapacitated, or is caring for a…
La. Rev. Stat. § 9:315.12 Second jobs and overtime
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§315.12. Second jobs and overtime The court may consider the interests of a subsequent family as a defense in an action to modify an existing child support order when the obligor has taken a second job or works overtime to provide for a subsequent family. However, the obligor bea…
La. Rev. Stat. § 9:315.13 Amounts not set forth in or exceeding schedule
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§315.13. Amounts not set forth in or exceeding schedule A. If the combined adjusted gross income of the parties falls below the lowest level specified in the schedule contained in R.S. 9:315.19, the court shall determine an award of child support based on all of the following: (1…
La. Rev. Stat. § 9:315.14 Disabled children; proof of disability; pleadings; orders; requirements
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§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…
La. Rev. Stat. § 9:315.15 No change in circumstances intended
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§315.15. No change in circumstances intended The enactment and subsequent amendment of this Part shall not for that reason alone be considered a material change in the circumstances of either party. Acts 1989, 2nd Ex. Sess., No. 9, §1, eff. Oct. 1, 1989; Acts 2001, No. 1082, §1.
La. Rev. Stat. § 9:315.16 Review of guidelines
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§315.16. Review of guidelines NOTE: Subsection A eff. until Oct. 1, 2027. See Acts 2025, No. 477. A. The guidelines set forth in this Part shall be reviewed by the legislature not less than once every four years. A review of the guidelines shall take place in 2012 and every four …
La. Rev. Stat. § 9:315.17 Standard of appellate review
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§315.17. Standard of appellate review Deviations by the trial court from the guidelines set forth in this Part shall not be disturbed absent a finding of manifest error. Acts 2001, No. 1082, §1.
La. Rev. Stat. § 9:315.18 Schedule; information
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§315.18. Schedule; information A. The amounts set forth in the schedule in R.S. 9:315.19 presume that the custodial or domiciliary party has the right to claim the child as a dependent. However, the claiming of dependents for federal and state income tax purposes shall be as prov…
La. Rev. Stat. § 9:315.19 Schedule for support
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§315.19. Schedule for support The schedule of support to be used for determining the basic child support obligation is as follows: LOUISIANA CHILD SUPPORT GUIDELINE SCHEDULE OF BASIC CHILD SUPPORT OBLIGATIONS COMBINED ADJUSTED ONE TWO THREE FOUR FIVE SIX MONTHLY CHILD CHILD- CHIL…
La. Rev. Stat. § 9:315.2 Calculation of basic child support obligation
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§315.2. Calculation of basic child support obligation A. Each party shall provide to the court a verified income statement showing gross income and adjusted gross income, together with documentation of current and past earnings. Spouses of the parties shall also provide any relev…