FINAL BILL REPORT

SHB 413

                                  C 430 L 87

BYHouse Committee on Judiciary (originally sponsored by Representatives Crane, Armstrong and P. King) 

Providing additional grounds for the modification of child support.

House Committe on Judiciary

Senate Committee on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

A party to a child support proceeding may ask the superior court to modify the child support order.  The court may modify the order only by showing that there has been a substantial change of circumstances since the order was entered.  Washington laws provide that as part of a proceeding for dissolution of marriage, the court may order child support after considering relevant factors.  Washington courts have interpreted these laws to preclude a child support order requiring periodic adjustments based on an index such as the consumer price index.  The procedure for requesting a modification of child support is governed by court rules.

SUMMARY:

The superior court, under certain limited circumstances, may modify a child support order even though there has not been a substantial change of circumstances.  A party may request a modification of child support without showing a substantial change of circumstances if the order in practice works a severe economic hardship on a party or the child, if the child is in an age category different from the one on which the support award is based, if the child is in high school and will turn 18 before completing high school or if the request is to add an automatic adjustment of support provision.  Voluntary unemployment or underemployment cannot, by themselves, constitute a substantial change of circumstances for purposes of supporting a modification of a child support order.

A procedure for modification of child support orders is established.  A request for a modification of child support is commenced by filing a petition and financial affidavit with the superior court in the form prescribed by the administrator for the courts.  The opposing party must be served with the petition and a copy of a blank financial affidavit.  The Department of Social and Health Services must be notified of a petition to modify child support if the department has been assigned the claim.  The hearing is held by the judge based on the petition and supporting affidavits unless the court determines that oral testimony is necessary for a fair determination of the issues.  The administrator for the courts is directed to develop a set of model forms to be used in the modification process.

The superior court may include in a child support order a provision requiring annual adjustments based on changes in a party's income or the child's needs or changes in an index or schedule.

VOTES ON FINAL PASSAGE:

      House 88   9

      Senate    47     0(Senate amended)

      House 89   2(House amended)

EFFECTIVE:July 26, 1987