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2013 FEB 21 PH 2: 04
STATE OF LOUISIANA NO. 12-CA-560
DEPUTY CtfRK 51H CIKCUIT COU~~T OF APPEi'i.~ VERSUS STATE OJ: LOUiSIANA FIFTH CIRCUIT
A.Z. COURT OF APPEAL
STATE OF LOUISIANA
ON APPEAL FROM THE FORTIETH JUDICIAL DISTRICT COURT
PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA
NO. J-3551, DIVISION "B"
HONORABLE MARY H. BECNEL, JUDGE PRESIDING

February 21, 2013
ROBERT M. MURPHY
JUDGE
Panel composed ofJudges Jude G. Gravois,
Robert M. Murphy, and Hans J. Liljeberg

THOMAS F. DALEY DISTRICT ATTORNEY KIM LABORDE PHILIP PRESCOTT ASSISTANT DISTRICT ATTORNEYS
40th Judicial District
Parish of St. John the Baptist

P. O.Box99
Edgard, LA 70049
COUNSEL FOR PLAINTIFF/APPELLANT

ROBERT D. LEVENSTEIN Attorney at Law 1402 West Airline Highway Suite A Laplace, LA 70068 COUNSEL FOR DEFENDANT/APPELLEE
REVERSED AND REMANDED

This matter concerns the issue of whether the defendant/appellee, "A.Z.,"1 still owes child support arrearages associated with his obligation that accrued prior to his parental rights being terminated. The State of Louisiana, through the Department of Children and Family Services ("the State"), appeals the trial court's judgment in a child support contempt proceeding, in which the court revoked defendant/appellee's formal in-hospital acknowledgement ofpaternity on information that a DNA testing report, in a separate Office of Community Services ("OCS") matter, excluded him as the biological father. No petition affecting paternity had been filed in this proceeding when the trial court below revoked the acknowledgement and voided the arrearages the State had sought pursuant to a judgment of the same court. The State devolutively appealed. For the following reasons, we reverse.
1 The court uses initials to maintain the confidentiality of records and reports concerning juveniles. La. Ch.C. art. 412.
FACTS AND PROCEDURAL BACKGROUND
On April 27, 2001, "K.Z." was born. On May 4,2001 appellee A.Z. executed an in-hospital acknowledgement of paternity, resulting in his name being placed on K.Z.'s birth certificate. On March 13,2003, K.Z. was placed in state custody. On July 17, 2003, the State sought a child support order pursuant to La.
R.S.46:236.1. On August 7, 2003, the 40th Judicial District Court ordered A.Z. to pay child support at the rate of$188.44 per child per month.' A January 8, 2004 judgment then decreased A.Z.'s obligation to $138.44 per child per month, effective December 4, 2003.
The State filed a rule for contempt against A.Z. on February 12,2011 for non-payment of the accrued child support for K.Z. in the amount of$1,752.60, the total arrearages calculated to February 10,2010. This amount was calculated based on the monthly amount set by the trial court up to the date when the OCS proceeding terminated A.Z.' s parental rights. At the contempt hearing for non

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Louisiana Law