5120-S2.E AMH JUD H2833.2
E2SSB 5120 - H COMM AMD FAILED 4-18-91
By Committee on Judiciary
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Basic child support obligation" means the monthly child support obligation determined from the economic table based on the parties' combined monthly net income and the number of children for whom support is owed.
(2) "Child support schedule" means the standards, economic table, worksheets, and instructions, as defined in this chapter.
(3) "Court" means a superior court judge, court commissioner, and presiding and reviewing officers who administratively determine or enforce child support orders.
(4) "Deviation" means a child support amount that differs from the standard calculation.
(5) "Economic table" means the child support table for the basic support obligation provided in section 2 of this act.
(6) "Instructions" means the instructions developed by the office of the administrator for the courts pursuant to RCW 26.19.050 for use in completing the worksheets.
(7) "Multiple families" means all the possible combinations of families in which a party has children from more than one relationship to whom the party owes a duty to support. Possible combinations include any natural, adopted, or stepchildren to whom the person owes a duty of support, whether or not the children are illegitimate or were born during a former or existing marriage, and whether or not the children reside with the person obligated to support them.
(8) "Standards" means the standards for determination of child support as provided in sections 3 through 7 of this act and RCW 26.19.090.
(9) "Standard calculation" means the presumptive amount of child support owed as determined from the child support schedule before the court considers any reasons for deviation.
(10) "Support transfer payment" means the amount of money the court orders one parent to pay to another parent or custodian for child support after determination of the standard calculation and deviations. If certain expenses or credits are expected to fluctuate and the order states a formula or percentage to determine the additional amount or credit on an ongoing basis, the term "support transfer payment" does not mean the additional amount or credit.
(11) "Worksheets" means the forms developed by the office of the administrator for the courts pursuant to RCW 26.19.050 for use in determining the amount of child support."
"NEW SECTION. Sec. 2. ECONOMIC TABLE.
ECONOMIC TABLE
MONTHLY BASIC SUPPORT OBLIGATION PER CHILD
KEY: A = AGE 0-11 B = AGE 12-18
COMBINED
MONTHLY ONE TWO
NET CHILD CHILDREN
INCOME FAMILY FAMILY
---------------------------------------------------------------- A B A B
----------------------------------------------------------------
0
100
200
300 For income less than $600 see section 7 of
400 this act.
500
600 133 164 103 127
700 155 191 120 148
800 177 218 137 170
900 199 246 154 191
1,000 220 272 171 211
1,100 242 299 188 232
1,200 264 326 205 253
1,300 285 352 221 274
1,400 307 379 238 294
1,500 327 404 254 313
1,600 347 428 269 333
1,700 367 453 285 352
1,800 387 478 300 371
1,900 407 503 316 390
2,000 427 527 331 409
2,100 447 552 347 429
2,200 467 577 362 448
2,300 487 601 378 467
2,400 506 626 393 486
2,500 526 650 408 505
2,600 543 672 423 521
2,700 561 693 436 538
2,800 578 715 449 555
2,900 596 736 463 571
3,000 613 757 476 588
3,100 630 778 489 605
3,200 647 800 502 620
3,300 664 821 516 637
3,400 680 840 528 652
3,500 695 859 540 667
3,600 711 879 552 682
3,700 727 898 564 697
3,800 741 916 576 712
3,900 757 935 588 726
4,000 771 954 599 740
4,100 787 972 611 754
4,200 802 991 623 769
4,300 816 1,009 634 783
4,400 829 1,025 644 795
4,500 842 1,040 653 807
4,600 854 1,056 663 819
4,700 866 1,070 673 831
4,800 878 1,086 682 843
4,900 891 1,100 692 855
5,000 902 1,115 701 865
5,100 914 1,130 711 877
5,200 925 1,144 719 888
5,300 937 1,159 728 899
5,400 949 1,173 737 911
5,500 960 1,186 746 922
5,600 971 1,201 755 932
5,700 983 1,214 764 942
5,800 993 1,228 772 953
5,900 1,005 1,241 780 964
6,000 1,015 1,254 789 974
6,100 1,026 1,268 797 985
6,200 1,036 1,281 806 995
6,300 1,047 1,294 814 1,004
6,400 1,057 1,307 822 1,014
6,500 1,068 1,319 829 1,024
6,600 1,077 1,332 837 1,034
6,700 1,088 1,344 845 1,044
6,800 1,097 1,357 853 1,054
6,900 1,108 1,369 861 1,063
7,000 1,117 1,380 869 1,072
----------------------------------------------------------------
COMBINED
MONTHLY THREE FOUR FIVE
NET CHILDREN CHILDREN CHILDREN
INCOME FAMILY FAMILY FAMILY
‑-‑-‑-‑-‑-‑-‑-‑-‑-‑---------------------------------------------
A B A B A B
‑---------------------------------------------------------------
0
100
200
300 For income less than $600 see section 7 of
400 this act.
500
600 86 106 73 90 63 78
700 100 124 85 105 74 91
800 115 142 97 120 84 104
900 129 159 109 135 95 118
1,000 143 177 121 149 105 130
1,100 157 194 133 164 116 143
1,200 171 211 144 179 126 156
1,300 185 228 156 193 136 168
1,400 199 246 168 208 147 181
1,500 212 262 179 221 156 193
1,600 225 278 190 235 166 205
1,700 238 294 201 248 175 217
1,800 251 310 212 262 185 228
1,900 264 326 223 275 194 240
2,000 277 342 234 289 204 252
2,100 289 358 245 303 213 264
2,200 302 374 256 316 223 276
2,300 315 390 267 330 233 288
2,400 328 406 278 343 242 299
2,500 341 421 288 356 251 311
2,600 352 436 298 368 260 321
2,700 364 450 308 380 268 332
2,800 375 463 317 392 276 342
2,900 386 478 327 404 285 352
3,000 397 491 336 415 293 362
3,100 409 505 345 426 301 372
3,200 419 519 355 439 310 382
3,300 430 531 364 450 317 392
3,400 440 544 372 461 325 402
3,500 450 557 381 471 333 411
3,600 460 569 389 482 340 420
3,700 470 582 398 492 348 429
3,800 480 594 407 502 355 438
3,900 491 606 415 513 361 447
4,000 501 618 423 523 369 456
4,100 510 630 431 533 376 465
4,200 520 642 440 542 383 474
4,300 529 654 447 553 390 482
4,400 538 664 454 561 396 490
4,500 545 674 461 570 402 497
4,600 553 684 468 578 408 505
4,700 562 694 474 587 414 512
4,800 570 704 481 595 420 519
4,900 577 713 488 603 426 526
5,000 585 723 494 611 432 534
5,100 593 732 501 619 437 540
5,200 600 742 507 627 442 547
5,300 607 751 514 635 448 554
5,400 615 761 520 642 453 561
5,500 622 770 527 651 459 567
5,600 629 778 533 658 464 574
5,700 637 787 539 666 470 581
5,800 644 796 545 673 475 587
5,900 651 805 551 680 481 593
6,000 658 814 557 688 486 600
6,100 665 822 562 695 490 606
6,200 672 830 568 702 495 613
6,300 679 839 574 709 500 619
6,400 686 847 579 716 505 625
6,500 692 855 585 724 510 631
6,600 698 863 591 730 515 637
6,700 705 872 596 737 520 643
6,800 712 880 601 744 525 648
6,900 718 887 607 750 530 655
7,000 724 895 612 757 535 660
For combined monthly net income that exceeds $7000 see section 7 of this act."
"NEW SECTION. Sec. 3. STANDARDS FOR CHILD SUPPORT SCHEDULE APPLICATION. (1) Application of the child support schedule. The child support schedule shall be applied:
(a) In each county of the state;
(b) In judicial and administrative proceedings under this title or Title 13 or 74 RCW;
(c) In all proceedings in which child support is determined or modified;
(d) In setting temporary and permanent support;
(e) In automatic modification provisions or decrees entered pursuant to RCW 26.09.100; and
(f) In addition to proceedings in which child support is determined for minors, to adult children who are dependent on their parents and for whom support is ordered pursuant to RCW 26.09.100.
The provisions of this chapter for determining child support and reasons for deviation from the standard calculation shall be applied in the same manner by the court, presiding officers, and reviewing officers.
(2) Written findings of fact supported by the evidence. An order for child support shall be supported by written findings of fact upon which the support determination is based and shall include reasons for any deviation from the standard calculation and reasons for denial of a party's request for deviation from the standard calculation.
(3) Completion of worksheets. Worksheets in the form developed by the office of the administrator for the courts shall be completed under penalty of perjury and filed in every proceeding in which child support is determined. The court shall not accept incomplete worksheets or worksheets that vary from the worksheets developed by the office of the administrator for the courts.
(4) Court review of the worksheets and order. The court shall review the worksheets and the order setting support for the adequacy of the reasons set forth for any deviation or denial of any request for deviation and for the adequacy of the amount of support ordered. Each order shall state the amount of child support calculated using the standard calculation and the amount of child support actually ordered. Worksheets shall be attached to the decree or order or if filed separately shall be initialed or signed by the judge and filed with the order."
"NEW SECTION. Sec. 4. STANDARDS FOR ALLOCATION OF CHILD SUPPORT OBLIGATION BETWEEN PARENTS. (1) The parents' total obligation for support shall be based on their combined monthly net income, resources, and special child rearing costs.
(2) The basic child support obligation derived from the economic table shall be allocated between the parents based on each parent's share of the combined monthly net income.
(3) Ordinary health care expenses are included in the economic table. Monthly health care expenses that exceed five percent of the basic support obligation shall be considered extraordinary health care expenses. Extraordinary health care expenses, day care expenses, and special child rearing expenses such as tuition and long distance transportation costs to and from the parents for visitation purposes, are not included in the economic table. These expenses shall be shared by the parents in the same proportion as the basic support obligation. These expenses may be listed as a specific dollar amount or as a percentage amount. Day care expenses include, but are not limited to, day care expenses incurred while the parent in custody of the child is working, pursuing accredited educational training, or obtaining medical care.
(4) The court shall exercise discretion to determine the necessity for and the reasonableness of all amounts ordered in excess of the basic support obligation."
"NEW SECTION. Sec. 5. STANDARDS FOR DETERMINATION OF INCOME. (1) Consideration of all income. All income and resources of each parent's household shall be disclosed and considered by the court when the court determines the child support obligation of each parent. However, for purposes of calculating the basic support obligation, only the income of the parents of the children whose support is at issue shall be calculated. Income and resources of any other person shall not be included in calculating the basic support obligation.
(2) Verification of income. Tax returns for the preceding two years and current paystubs shall be provided to verify income and deductions. Other sufficient verification shall be required for income and deductions which do not appear on tax returns or paystubs.
(3) Income sources included in gross monthly income. Except as specifically excluded in subsection (4) of this section, monthly gross income shall include income from any source, including:
(a) Salaries;
(b) Wages;
(c) Commissions;
(d) Deferred compensation;
(e) Recurring bonuses;
(f) Dividends;
(g) Interest;
(h) Trust income;
(i) Severance pay;
(j) Annuities;
(k) Capital gains;
(l) Pension retirement benefits;
(m) Workers' compensation;
(n) Unemployment benefits; and
(o) Spousal maintenance actually received.
(4) Income sources excluded from gross monthly income. The following income and resources shall be disclosed but shall not be included in gross income:
(a) Income of a new spouse or income of other adults in the household;
(b) Child support received from other relationships;
(c) Nonrecurring income from bonuses, contract-related cash benefits, gifts, and prizes. The burden of proving that these sources of income are nonrecurring is on the parent seeking to exclude them from gross income;
(d) Overtime, whether mandatory or voluntary;
(e) If the parent has at least one full-time job that requires the parent to work a minimum of forty hours per week, income derived from a second job or additional jobs other than the full-time job;
(f) Aid to families with dependent children;
(g) Supplemental security income;
(h) General assistance;
(i) Veterans aid and attendance allowance or special medical compensation paid under 38 U.S.C. Sec. 314 (k) through (r); and
(j) Food stamps.
Receipt of income and resources from aid to families with dependent children, supplemental security income, general assistance, veterans aid and attendance allowance or special medical compensation paid under 38 U.S.C. Sec. 314 (k) through (r), and food stamps shall not be a reason to deviate from the standard calculation.
(5) Determination of net income. The following expenses shall be disclosed and deducted from gross monthly income to calculate net monthly income:
(a) Federal and state income taxes;
(b) Federal insurance contributions act deductions;
(c) Mandatory pension plan payments;
(d) Mandatory union or professional dues;
(e) State industrial insurance premiums;
(f) Court-ordered spousal maintenance to the extent actually paid;
(g) Up to two thousand dollars per year in voluntary pension payments actually made if the contributions were made for the two tax years preceding the earlier of the (i) tax year in which the parties separated with intent to live separate and apart or (ii) tax year in which the parties filed for dissolution; and
(h) Normal business expenses and self-employment taxes for self-employed persons. Justification shall be required for any business expense deduction about which there is disagreement.
Items deducted from gross income under this subsection shall not be a reason to deviate from the standard calculation.
(6) Imputation of income. The court shall impute income to a parent when the parent is voluntarily unemployed or voluntarily underemployed. The court shall determine whether the parent is voluntarily underemployed or voluntarily unemployed based upon that parent's work history, education, health, age, and other relevant factors. A parent will not be deemed underemployed if that parent is gainfully employed on a full-time basis. Income shall not be imputed for an unemployable parent."
"NEW SECTION. Sec. 6. STANDARDS FOR DEVIATION FROM THE STANDARD CALCULATION. (1) Reasons for deviation from the standard calculation include but are not limited to the following:
(a) Sources of income and tax planning. The court may deviate from the standard calculation after consideration of the following resources and income:
(i) Income of a new spouse;
(ii) Income of other adults in the household;
(iii) Child support actually received from other relationships;
(iv) Overtime, whether mandatory or voluntary;
(v) Nonrecurring bonuses;
(vi) Contract-related cash benefits;
(vii) Gifts;
(viii) Prizes;
(ix) Income derived from a second job or additional jobs that was excluded from gross income under section 5 of this act;
(x) Possession of wealth, including but not limited to savings, investments, real estate holdings and business interests, vehicles, boats, pensions, bank accounts, insurance plans, or other assets;
(xi) Extraordinary income of a child; or
(xii) Tax planning considerations. A deviation for tax planning may be granted only if the child would not receive a lesser economic benefit due to the tax planning.
(b) Debt and high expenses. The court may deviate from the standard calculation after consideration of the following expenses:
(i) Extraordinary debt not voluntarily incurred;
(ii) A significant disparity in the living costs of the parents due to conditions beyond their control;
(iii) Special needs of disabled children; or
(iv) Special medical, educational, or psychological needs of the children.
(c) Residential schedule. The court may deviate from the standard calculation if the child spends a significant amount of time with the parent who is obligated to make a support transfer payment. The court may not deviate on that basis if the deviation will result in insufficient funds in the house receiving the support to meet the basic needs of the child or if the child is receiving aid to families with dependent children. When determining the amount of the deviation, the court shall consider evidence concerning the increased expenses to a parent making support transfer payments resulting from the significant amount of time spent with that parent and shall consider the decreased expenses, if any, to the party receiving the support resulting from the significant amount of time the child spends with the parent making the support transfer payment.
(d) Multiple families. The court may deviate from the standard calculation when either or both of the parents before the court have children in multiple families to whom the parent owes a duty of support.
(i) The child support schedule shall be applied to the mother, father, and children of the family before the court to determine the presumptive amount of support.
(ii) Children from families other than the children of the parties before the court shall not be counted in the number of children for purposes of determining the basic support obligation and the standard calculation.
(iii) When considering a deviation from the standard calculation for children in the family before the court, the court may consider only other children to whom the parent owes a duty of support. The court may consider court-ordered payments of child support for children from other families only to the extent that the support is actually paid.
(iv) When the court has determined that either or both parents have multiple families, deviations under this section shall be based on consideration of the total circumstances of both households. All child support obligations paid, received, and owed for all children in the multiple families shall be disclosed and considered.
(2) All income and resources of the parties before the court, new spouses, and other adults in the households shall be disclosed and considered. The presumptive amount of support shall be determined according to the child support schedule. Unless specific reasons for deviation are set forth in the written findings of fact and are supported by the evidence, the court shall order each parent to pay the amount of support determined by using the standard calculation.
(3) The court shall enter findings that specify reasons for any deviation or any denial of a party's request for any deviation from the standard calculation made by the court. The court shall not consider reasons for deviation until the court determines the standard calculation for each parent.
(4) When reasons exist for deviation, the court shall exercise discretion in considering the extent to which the factors would affect the support obligation.
(5) Agreement of the parties is not by itself adequate reason for any deviation from the standard calculation."
"NEW SECTION. Sec. 7. STANDARDS FOR ESTABLISHING LOWER AND UPPER LIMITS ON CHILD SUPPORT AMOUNTS. (1) Limit at fifty percent of a parent's net income. Neither parent's total child support obligation may exceed fifty percent of net income except for good cause shown. Good cause includes but is not limited to possession of substantial wealth, children with day care expenses, special medical need, educational need, psychological need, and larger families.
(2) Income below six hundred dollars. When combined monthly net income is less than six hundred dollars, a support order of not less than twenty-five dollars per child per month shall be entered for each parent. A parent's support obligation shall not reduce his or her net income below the need standard for one person established pursuant to RCW 74.04.770, except for the mandatory minimum payment of twenty-five dollars per child per month as required in this section or in cases where the court finds reasons for deviation under section 6 of this act. This section shall not be construed to require monthly substantiation of income.
(3) Income above seven thousand dollars. When combined monthly net income exceeds the highest combined monthly net income for which a presumptive amount of support is established, child support shall not be set at a level lower than that amount from the table unless the court finds reasons for deviation below that level, but the court has discretion to establish support at higher levels upon written findings of fact."
"NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:
(1) RCW 26.19.001 and 1988 c 275 s 1;
(2) RCW 26.19.010 and 1988 c 275 s 2;
(3) RCW 26.19.020 and 1990 1st ex.s. c 2 s 19, 1989 c 175 s 76, & 1988 c 275 s 3;
(4) RCW 26.19.040 and 1990 1st ex.s. c 2 s 20, 1988 c 275 s 5, & 1987 c 440 s 2;
(5) RCW 26.19.060 and 1988 c 275 s 7;
(6) RCW 26.19.070 and 1990 1st ex.s. c 2 s 6;
(7) RCW 26.19.080 and 1990 1st ex.s. c 2 s 7; and
(8) RCW 26.19.110 and 1990 1st ex.s. c 2 s 12."
"NEW SECTION. Sec. 9. Sections 1 through 7 of this act are each added to chapter 26.19 RCW."
"NEW SECTION. Sec. 10. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
"NEW SECTION. Sec. 11. This act shall take effect September 1, 1991."
"NEW SECTION. Sec. 12. Captions as used in this act do not constitute any part of the law."
E2SSB 5120 - H COMM AMD
By Committee on Judiciary
In line 1 of the title, after "support;" strike the remainder of the title and insert "adding new sections to chapter 26.19 RCW; repealing RCW 26.19.001, 26.19.010, 26.19.020, 26.19.040, 26.19.060, 26.19.070, 26.19.080, and 26.19.110; creating a new section; and providing an effective date."