A. When a payment of support under a judgment is in arrears, the party entitled thereto may proceed by contradictory motion to have the amount of past due support determined and made executory. On the trial of the contradictory motion, the court shall render judgment for the amount of past due support. B. The same rules and procedures apply when an installment payment of an award for contributions made to a spouse's education or training is in arrears.
Art. 3946.Execution of Support and Claims For Contributions Awards In Arrears
Book VII. Special Proceedings · Title IV. Divorce and Annulment of Marriage · Chapter 1. Divorce and Annulment · Enacted 1995 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 3946 lets a party owed past-due support proceed by contradictory motion to have the arrears determined and made executory, and applies the same procedure to unpaid installments of an award for a spouse's education or training contributions.
Full Text of Art. 3946
Amendment History
Acts 1995, No. 1204, §1.
Plain-English Summary
When support payments fall behind, Article 3946 does not require the party owed that support to file a new lawsuit to collect it. A contradictory motion, filed within the existing case, asks the court to determine how much is past due and reduce that arrears figure to an executory judgment. At the hearing on the motion, the court renders judgment for the amount found to be owing.
Paragraph B extends the identical procedure to a different kind of award: an installment obligation for contributions made toward a spouse's education or training. When those payments fall into arrears, the same contradictory-motion mechanism applies rather than a separate proceeding tailored to that particular obligation.
The practical effect is to convert an accumulating arrears claim into an enforceable money judgment without the delay of a new action. Once the court renders judgment on the arrears, the creditor spouse or party can pursue the ordinary means of executing a money judgment against the debtor's property or income.
Frequently Asked Questions
How do I collect past-due support in Louisiana without filing a new lawsuit?
Article 3946 lets you proceed by contradictory motion within the existing case, asking the court to determine the arrears and render an executory judgment for that amount.
What does 'contradictory motion' mean in this context?
It is a motion filed and heard with notice to the opposing party, who has the chance to contest the arrears amount, as opposed to an ex parte request decided without a hearing.
Does this procedure cover missed payments toward a spouse's education expenses too?
Yes. Paragraph B of Article 3946 applies the same contradictory-motion procedure to arrears on an award for contributions to a spouse's education or training.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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