HOUSE BILL REPORT

HB 418

BYRepresentatives Armstrong, Schmidt, Holm, Brekke, Sutherland, Locke, Winsley and Todd; by request of Department of Social and Health Services

Establishing a child support schedule.

House Committe on Judiciary

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.

     Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Hargrove, Heavey, Locke, Moyer, Niemi, Padden, Patrick, Schmidt and Wineberry.

Minority Report:     Do not pass.  (1)

     Signed by Representative Brough.

House Staff:Harry Reinert (786-7110)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 27, 1987

BACKGROUND:

Child support obligations in Washington may be established as a part of a dissolution of marriage proceeding, under the Uniform Parentage Act, or under the child support statute enacted in 1984.  The amount of child support which is owed may be arrived at through negotiation between the parties or may be set by the court having jurisdiction over the proceedings.  The dissolution of marriage statute provides that the court may award child support that is "reasonable or necessary."  The Uniform Parentage Act sets forth more specific circumstances that are to be considered in determining the level of support owed by the non-custodial parent.

In 1982 the Superior Court Judges Association adopted voluntary guidelines to be used by superior court judges in setting support awards. The Governor's Executive Task Force on Support Enforcement has recommended that the Legislature adopt a mandatory statutory child support standard.

SUMMARY:

SUBSTITUTE BILL:  A child support schedule commission is established.  The commission members include the secretary of the department of social and health services and nine other members, seven who are appointed by the governor.  The appointed members include a superior court judge, two attorneys, two individuals with interest or experience in child support economic data, and two persons who represent the affected populations.  The administrator for the courts and the attorney general are also members.  The office of support enforcement will provide clerical assistance to the commission.

The commission must recommend a child support schedule to the legislature by November 1, 1987.  The schedule must be based on updated economic data for Washington, provide for changes in child rearing costs based on a child's age, consider the need to provide funding for a child's primary residence, and provision for health care and child care expenses.  The commission is also directed to determine the type of income that should be considered, net or gross, establish a mechanism for taking into account voluntary unemployment or underemployment, and a parent's variable income.

SUBSTITUTE BILL COMPARED TO ORIGINAL: The substitute bill establishes a commission to recommend a schedule of child support payments to the legislature.  The original bill established a schedule which set out a support amount for each child based on the child's age, the number of children in the family, and the combined gross income of the parents.

The original bill also required a superior court judge or an administrative law judge who ordered child support to set support based on the statutory schedule. The court or agency was permitted to deviate from the schedule only if the parent's income exceeded the top of the schedule, fell below the bottom of the schedule, or if a severe economic hardship would be have been placed on one of the parties.  The office of support enforcement and the administrator for the courts were required to review the schedule every three years and, after public comment, recommend to the legislature whether revision in the support schedule was necessary.

Fiscal Note:    Requested March 3, 1987

House Committee ‑ Testified For:     Lucille Christenson, DSHS; Mark Weston, National Conference of State Legislatures; Beatrice Kriloff, Governor's Task Force on Support Enforcement; Barbara Wechsler, Governor's Task Force on Support Enforcement.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     Support payments are frequently set below the amount necessary to adequately support a child.  The current schedule used by the superior court judges is out of date and tends to act as a ceiling on the amount of support.  Child support payments frequently become part of the bargaining chips in negotiation in dissolution of marriage proceedings.  This is unfair to the children.

House Committee - Testimony Against: None Presented.