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                             ENGROSSED HOUSE BILL 1619

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State of Washington              54th Legislature             1995 Regular Session

By Representative Appelwick

Read first time 02/01/95.  Referred to Committee on Law & Justice.

Revising child support provision for day care expenses.

     AN ACT Relating to proportionate sharing of child support expenses not included in the child support economic table; and amending RCW 26.19.080.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 26.19.080 and 1990 1st ex.s. c 2 s 7 are each amended to read as follows:

     (1) The basic child support obligation derived from the economic table shall be allocated between the parents based on each parent's share of the combined monthly net income.

     (2) Ordinary health care expenses are included in the economic table.  Monthly health care expenses that exceed five percent of the basic support obligation shall be considered extraordinary health care expenses.  Extraordinary health care expenses shall be shared by the parents in the same proportion as the basic child support obligation.

     (3) Day care and special child rearing expenses, such as tuition and long-distance transportation costs to and from the parents for visitation purposes, are not included in the economic table.  These expenses shall be shared by the parents in the same proportion as the basic child support obligation.  If an obligor pays for day care or special child rearing expenses that are not actually incurred, the obligee must reimburse the obligor for the overpayment.  The reimbursement may be in the form of a credit against future support payments upon agreement of both parties or pursuant to a court or administrative order.  Absent agreement of the obligee, nothing in this section entitles an obligor to pay more than his or her proportionate share of day care or other special child rearing expenses in advance and then deduct the overpayment from future support transfer payments.

     (4) The court may exercise its discretion to determine the necessity for and the reasonableness of all amounts ordered in excess of the basic child support obligation.

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