FINAL BILL REPORT

ESHB 1916

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

C 275 L 19

Synopsis as Enacted

Brief Description: Improving the delivery of child support services to families by increasing flexibility and efficiency.

Sponsors: House Committee on Civil Rights & Judiciary (originally sponsored by Representatives Kilduff, Leavitt, Ortiz-Self and Ormsby; by request of Department of Social and Health Services).

House Committee on Civil Rights & Judiciary

Senate Committee on Law & Justice

Senate Committee on Ways & Means

Background:

Child Support and Federal Requirements.

Child support obligations are established in the context of dissolution of marriage or parentage proceedings through the court or an administrative process with the Department of Social and Health Services (DSHS). The DSHS Division of Child Support (DCS) is responsible for administering the state's child support enforcement program and provides services to establish, modify, and enforce child support orders.

Federal law requires states to have an approved child support program as a condition of receiving federal funds for various programs, including child support enforcement and Temporary Assistance for Needy Families (TANF) programs.  To meet federal requirements, states must conduct quadrennial reviews of their child support laws. The DCS convenes a work group to review Washington's child support laws every four years.

Federal rules that went into effect on January 19, 2017, require a state's first quadrennial review of child support guidelines following revision of its guidelines to consider additional criteria, including economic data and case data.  Legislation enacted in 2018 revising the state's child support guidelines triggered this federal rule requirement to modify the criteria considered in the quadrennial review.  Under this rule a state must:

These same federal rules address modification of support obligations of incarcerated parents. The federal rules permit states to establish an automatic review and adjustment procedure after learning that a parent will be incarcerated for more than 180 calendar days.  If a state does not elect an automatic review procedure, the state must provide notice within 15 business days of learning that a parent will be incarcerated for more than 180 calendar days to both parents informing them of the right to request the state to review and, if appropriate, adjust the order.  The notice must specify, at a minimum, the place and manner in which the request should be made.  Neither the notice nor a review is required if the state has a comparable law or rule that modifies a child support obligation upon incarceration by operation of state law.

Modification of Child Support Court Orders.

A party to a child support order may petition for modification of the order at any time upon a showing of a substantial change in circumstances.  An order may be modified without a showing of a substantial change in circumstances for limited reasons specified in statute.  For example, a showing of a substantial change in circumstances is not required to modify an order one year after its entry if the order works a severe economic hardship on either party or the child, or to modify an order after two years if there has been a change in the income of the parents. 

The DCS is required to review child support orders for families receiving TANF assistance every three years and review orders in non-assistance cases if requested by one of the parties.  In cases in which assistance is being paid on behalf of the child, the DCS may file an action to modify or adjust a child support order if the order is at least 25 percent above or below the standard calculation and the reasons for deviation are not set forth in findings. In non-assistance cases, the DCS may file an action to modify or adjust an order if the case meets the DCS's review criteria, the order is at least 25 percent above or below the standard calculation, and a party to the order or another jurisdiction has requested review.  In addition, the DCS may file an action in non-assistance cases to modify or adjust a child support order under any of the statutorily authorized circumstances if a party to the order requests review.

Annual Fee for Support Enforcement Services in Non-Assistance Cases.

In providing child support services, federal law requires states to impose an annual fee on families who have never received TANF cash assistance. State law requires the $25 annual fee to be deducted from the support collected on behalf of the individual after the first $500 in child support is collected.

The Bipartisan Budget Act of 2018 raises the annual fee for child support enforcement services from $25 to $35, and increases the amount of child support that must be collected for a case to be subject to the fee from $500 to $550. This provision is effective in federal fiscal year 2019, but allows a delay for states that require a legislative change for implementation.

Summary:

The quadrennial child support work groups must consider the economic and case data and perform the analyses expressly required by the federal rules in conducting the review of the child support guidelines.

In cases in which Temporary Assistance for Needy Families (TANF) assistance is being paid on behalf of the child, the Department of Social and Health Services' Division of Child Support (DCS) may file an action to modify or adjust a child support order if the order is at least 15 percent above or below the standard calculation. It is no longer a prerequisite to such filing that the reasons for deviation are not set forth in findings.

In non-assistance cases, the DCS may file an action to modify or adjust an order if the case meets the DCS's review criteria, the order is at least 15 percent above or below the standard calculation, and a party to the order or another jurisdiction has requested review. The determination of whether the child support order is at least 15 percent above or below the appropriate child support amount must be based on the current income of the parties.

If incarceration of the parent obligated to pay support is the basis for the difference between the existing child support order amount and the proposed amount of support determined as a result of a review, the DCS may file an action to modify or adjust a child support order even if there is no other change of circumstances and the change in support does not meet the 15 percent threshold. An administrative order of child support may be modified at any time without a showing of substantially changed circumstances if incarceration is the basis for the inconsistency between the existing child support order amount and the amount of support determined as a result of a review.

Effective October 1, 2019, the annual fee for individuals receiving child support who have never received TANF assistance is increased from $25 to $35, and the amount of child support that must be collected for a case to be subject to the fee is increased from $500 to $550.

In accord with 2018 changes to the child support economic table, language governing modification based on the age of the children is stricken.

Votes on Final Passage:

House

93

1

Senate

45

0

Effective:

July 28, 2019