1603-S AMH SHEA ADAM 218

                

SHB 1603 - H AMD 941

By Representative Shea

 

    On page 1, after line 4, insert the following:

 

    "NEW SECTION. Sec. 1.  The legislature intends to implement recommendations of the 2011 and 2015 child support schedule workgroups pertaining to updating the child support economic table and establishing a residential schedule credit.  The legislature finds that updating the economic table is necessary to modernize the calculation of basic support obligations. The legislature further finds that both the 2011 and 2015 child support schedule workgroups recognized the importance of establishing an adjustment to the basic support obligation determined under the economic table based on a shared residential schedule.  The legislature finds that enacting both an update of the economic table and a residential schedule adjustment to the support obligation determined under the economic table are important in providing a modernized and equitable procedure for establishing child support obligations."  

 

    Renumber the remaining sections consecutively.

 

    On page 16, after line 23, insert the following:

    "Sec. 2.  RCW 26.19.075 and 2009 c 84 s 4 are each amended to read as follows:

(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:

(i) Income of a new spouse or new domestic partner if the parent who is married to the new spouse or in a partnership with a new domestic partner is asking for a deviation based on any other reason. Income of a new spouse or new domestic partner is not, by itself, a sufficient reason for deviation;

(ii) Income of other adults in the household if the parent who is living with the other adult is asking for a deviation based on any other reason. Income of the other adults in the household is not, by itself, a sufficient reason for deviation;

(iii) Child support actually received from other relationships;

(iv) Gifts;

(v) Prizes;

(vi) 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;

(vii) Extraordinary income of a child;

(viii) 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; or

(ix) Income that has been excluded under *RCW 26.19.071(4)(h) if the person earning that income asks for a deviation for any other reason.

(b) Nonrecurring income. The court may deviate from the standard calculation based on a finding that a particular source of income included in the calculation of the basic support obligation is not a recurring source of income. Depending on the circumstances, nonrecurring income may include overtime, contract-related benefits, bonuses, or income from second jobs. Deviations for nonrecurring income shall be based on a review of the nonrecurring income received in the previous two calendar years.

(c) 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;

(iv) Special medical, educational, or psychological needs of the children; or

(v) Costs incurred or anticipated to be incurred by the parents in compliance with court-ordered reunification efforts under chapter 13.34 RCW or under a voluntary placement agreement with an agency supervising the child.

(d) ((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 household receiving the support to meet the basic needs of the child or if the child is receiving temporary assistance for needy families. 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.

(e))) Children from other relationships. The court may deviate from the standard calculation when either or both of the parents before the court have children from other relationships 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 other relationships 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 from other relationships, 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 relationships only to the extent that the support is actually paid.

(iv) When the court has determined that either or both parents have children from other relationships, 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 shall be disclosed and considered.

(2) All income and resources of the parties before the court, new spouses or new domestic partners, and other adults in the households shall be disclosed and considered as provided in this section. 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 deviations from the standard calculation.

 

    NEW SECTION.  Sec. 3.  A new section is added to chapter 26.19 RCW to read as follows:

    (1) The court shall make an adjustment to the standard calculation for a shared residential schedule subject to the provisions in this section.

    (2) An adjustment to the standard calculation based on the residential schedule may be made if there is a court order or findings made by an administrative law judge regarding the number of overnights the child or children spend with the obligor parent, and the number of overnights allocated to the obligor is equivalent to at least fourteen percent of annual overnights.  The number of overnights in the court order or administrative law judge's findings must be used to calculate the residential adjustment.  The findings made by an administrative law judge may be based upon a written agreement between the parents or upon sworn testimony provided by a party at the administrative hearing for child support.

    (3) The adjustment must be based on the table in section 4 of this act and the formula set forth in the worksheet for calculating residential credit.

    (4) An adjustment may not be made to the standard calculation based on the shared residential schedule if:

    (a) The adjustment would result in insufficient funds in the household receiving the support transfer payment to meet the basic needs of the child;

    (b) The obligee's net income before receiving the support transfer payment is at or below one hundred twenty-five percent of the federal poverty level guidelines for one person; or

    (c) The child is receiving temporary assistance for needy families.

    (5) To help parties estimate residential credit, the division of child support shall, if feasible and within available resources, create a residential credit calculator available online.

NEW SECTION.  Sec. 4.  A new section is added to chapter 26.19 RCW to read as follows:

    Residential time table.  The TOTAL column represents the anticipated total out-of-pocket expenses expressed as a percentage of the basic child support obligation that will be incurred by the parent who will pay child support.  The total expenses are the sum of transferred and duplicated expenses.  The DUPLICATED column represents the duplicated expenses and reflects the assumption that when there is an equal sharing of residential time, fifty percent of the basic child support obligation will be duplicated.  The number of annual overnights column will determine the particular fractions of TOTAL and DUPLICATED to be used in the residential time credit worksheet.

 

ANNUAL OVERNIGHTS

 

DUPLICATED

FROM

TO

TOTAL

1

51

0.000

0.000

52

55

0.062

0.011

56

60

0.070

0.014

61

65

0.080

0.020

66

70

0.093

0.028

71

75

0.108

0.038

76

80

0.127

0.052

81

85

0.150

0.070

86

90

0.178

0.093

91

95

0.211

0.122

96

100

0.250

0.156

101

105

0.294

0.195

106

110

0.341

0.237

111

115

0.388

0.280

116

120

0.434

0.321

121

125

0.476

0.358

126

130

0.513

0.390

131

135

0.544

0.417

136

140

0.570

0.438

141

145

0.591

0.454

146

150

0.609

0.467

151

155

0.623

0.476

156

160

0.634

0.483

161

165

0.644

0.488

166

170

0.652

0.491

171

175

0.660

0.494

176

180

0.666

0.495

181

183

0.675

0.500

 

    Sec. 5.  RCW 26.19.050 and 2005 c 282 s 37 are each amended to read as follows:

    (1) The administrative office of the courts shall develop and adopt worksheets and instructions to assist the parties and courts in establishing the appropriate child support level and apportionment of support.  The administrative office of the courts shall develop and adopt a worksheet for calculating residential credit that is consistent with the intent of the proposed residential schedule credit as set forth in the final report of the 2011 child support schedule workgroup.  The administrative office of the courts shall attempt to the greatest extent possible to make the worksheets and instructions understandable by persons who are not represented by legal counsel.

    (2) The administrative office of the courts shall develop and adopt standards for the printing of worksheets and shall establish a process for certifying printed worksheets.  The administrator may maintain a register of sources for approved worksheets.

    (3) The administrative office of the courts should explore methods to assist pro se parties and judges in the courtroom to calculate support payments through automated software, equipment, or personal assistance."

 

    Renumber the remaining section consecutively and correct the title.

 

 

 

    EFFECT:   Makes legislative findings that the 2011 and 2015 Child Support Schedule Workgroups recommended both an update of the economic table and establishment of an adjustment to the basic support obligation determined under the economic table based on a shared residential schedule.  States legislative intent that enacting both the update to the economic table and a residential schedule adjustment are important to establishing a modernized and equitable procedure for establishing child support obligations.

 

Provides that the court must make an adjustment to the standard calculation, rather than a deviation, where there is a shared residential schedule for a child.  There must be a court order or administrative law judge findings regarding the number of overnights, which must be equivalent to at least 14 percent of the annual overnights. 

 

The adjustments must be made based on a new table and a formula set forth in a worksheet for calculating residential credit, which must be developed by the AOC consistent with the intent of the 2011 Child Support Workgroup.  An adjustment may not be made if: (1) it would result in insufficient funds to the receiving household to meet the basic needs of the child; (2) the obligee's net income before receiving child support is at or below 125 percent of the federal poverty guidelines for one person; or (3) the child is receiving TANF. 

 

 

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