FINAL BILL REPORT

SHB 1465

PARTIAL VETO

                                  C 275 L 88

BYHouse Committee on Judiciary (originally sponsored by Representatives Armstrong, Brough, Belcher, Appelwick, Locke, Schmidt and Todd)

Providing for a state-wide child support schedule.

House Committe on Judiciary

Senate Committee on Law & Justice

SYNOPSIS AS ENACTED

BACKGROUND:

In 1987 the Legislature established the Washington State Child Support Schedule Commission.  The commission is composed of nine members, including two non-custodial parents.  The commission was directed to propose a child support schedule after considering several factors. These factors included updated economic data, adjustments for the costs of rearing children of different ages and the need to provide funding for the costs of a child's primary residence.

The commission has made its report and recommended that the Legislature adopt a child support schedule.  The commission is scheduled to go out of existence on June 30, 1988.

Under current law a child support order generally may not be modified without showing a substantial change of circumstances.  A child support order may be modified without this showing if the order produces a severe economic hardship or the petition to modify the support order would continue support through high school, change the age category for the child or add an automatic adjustment of support provision.

The Washington state support registry is required to administer the state's portion of the federal child support program and to collect and distribute child support paid to the registry.

If a parent accepts public assistance the parent agrees to assign any right to support to the Department of Social and Health Services.  The department then has the authority to attempt to collect the support obligation.  The department may continue to assist in collecting this support obligation for up to three months after the person stops receiving public assistance.  A person may request support enforcement assistance after the three month period elapses.

SUMMARY:

The Legislature expresses its intent that a child support order must be adequate to meet a child's basic needs and that child support should be based on the parents' income, assets and standard of living.  The child support obligation should be shared equitably between the parents.

One additional non-custodial parent is added to the Washington Child Support Schedule Commission.

The child support schedule adopted by the Washington Child Support Schedule Commission and dated January 26, 1988 is adopted and shall take effect July 1, 1988.  Local superior courts may adopt changes to the economic table adopted by the commission.  The changes may not vary by more than 25 percent from the commission's table.  The table, as it applies to less than $2,500 combined parental monthly net income, may not be changed.  The schedule must be used by all courts and administrative agencies in determining child support.  An order of child support must be supported by written findings of fact.  All income of the parents must be disclosed and considered by the court in determining the amount of support. Worksheets developed by the commission must be filed in each case. The amount of support determined using the standard calculation in the worksheet must be followed unless the court states specific reasons for deviating from this amount in written findings of fact that are supported by the evidence.

The commission is given continuing responsibility to review the child support schedule in even numbered years and to report to the Legislature on recommended changes in the schedule.  If the Legislature recommends no changes in the commission's recommendations, the changes go into effect in July of each odd numbered year.  The commission will go out of existence July 1, 1990.

The commission also has authority to develop and adopt worksheets and instructions to be used in child support determinations.

The commission is directed to study and report on methods that may be used to verify the proper expenditure of child support payments.  The report must be made to the House Judiciary Committee and the Senate Law and Justice Committee not later than January 10, 1989.

With one exception, a child support order may only be modified upon a showing of a substantial change in circumstances.  The Department of Social and Health Services may file an action to modify a child support order for a public assistance recipient if the order is 25 percent or more below the child support schedule.  The department is not required to show a substantial change of circumstances.  The basis for determining the appropriate modified level of child support is the parents' current income.

The Washington state support registry is required to distribute support payments within eight days of receipt unless circumstances make this impossible.  Following the termination of public assistance the department must credit all support payments received to current support before reimbursing the department for public assistance payments.  This provision does not apply to support collected through intercepting federal tax refunds.

If a former public assistance recipient requests, the department must continue to collect and enforce the child support obligation.  The current three month limitation is eliminated.

The act generally takes effect July 1, 1988.  The provision reconstituting the commission and the provision directing the commission to study accounting methods takes effect immediately.

VOTES ON FINAL PASSAGE:

      House 81  13

      Senate    43     6 (Senate amended)

      House 84  10 (House concurred)

EFFECTIVE:July 1, 1988

            March 24, 1988 (Sections 4 and 8)

Partial Veto Summary:  The 1987 legislature authorized a party to obtain a modification of child support without having to show a substantial change of circumstances under four specific situations.  The bill as it passed the legislature repealed this 1987 change, and would have required a motion to modify child support to be based on a substantial change in circumstances in all cases, except when DSHS petitions to change a support order that is 25 percent below the support schedule.  The governor vetoed the repeal of the 1987 changes.  (See VETO MESSAGE)