SENATE BILL REPORT

                            SB 5509

              AS PASSED SENATE FEBRUARY 15, 1994

Brief Description:  Prohibiting mandatory child support for postsecondary education of adult children.

SPONSORS: Senators Hargrove, Owen, Hochstatter, L. Smith, Snyder, Oke, Amondson, Sellar, Jesernig, Nelson, Newhouse, Bauer, Erwin, Roach and McDonald

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass. 

     Signed by Senators A. Smith, Chairman; Ludwig, Vice Chairman; Hargrove, Nelson, Quigley, Roach and Schow.

Minority Report:  Do not pass. 

     Signed by Senators Niemi and Spanel.

Staff:  Susan Carlson (786‑7418)

Hearing Dates: February 9, 1993; February 16, 1993; January 25, 1994; January 28, 1994

BACKGROUND:

Under the child support laws, a court may order the payment of child support for postsecondary education until the child is 23 years old.  However, the court has no authority to require a parent in an intact family to pay for the expenses of a child's postsecondary education.     

SUMMARY:

The child support schedule shall not be used for postsecondary educational support of a child over the age of 18.

Appropriation:  none

Revenue:  none

Fiscal Note:  none requested

TESTIMONY FOR:

All parents should have the right to choose whether to provide financial support for a child's college education.  It is unfair to require divorced parents to pay postsecondary support when they could have chosen not to provide college support if they had not divorced.

TESTIMONY AGAINST:

The current statute fairly balances the interests of divorced parents and helps insure access to higher education by children from broken families.

TESTIFIED:  PRO:  Michele Delo, Cindy Wall, Washington Families for Noncustodial Rights; CON:  Nancy Hawkins, NW Women's Law Center; Lonnie Johns-Brown, NOW; Ann Simons, WA Women United