S-4186.1  _______________________________________________

                         SENATE BILL 6385

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Senators Hochstatter, Hargrove, Schow, Long, Johnson, Finkbeiner, Haugen and Roach

Read first time 01/12/96.  Referred to Committee on Law & Justice.

Allowing noncustodial relatives to provide day care instead of raising the support obligation to cover day care costs.

    AN ACT Relating to child support modification; and amending RCW 26.09.100.

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

    Sec. 1.  RCW 26.09.100 and 1991 sp.s. c 28 s 1 are each amended to read as follows:

    (1) In a proceeding for dissolution of marriage, legal separation, declaration of invalidity, maintenance, or child support, after considering all relevant factors but without regard to marital misconduct, the court shall order either or both parents owing a duty of support to any child of the marriage dependent upon either or both spouses to pay an amount determined under chapter 26.19 RCW.

    (2) The court may require automatic periodic adjustments or modifications of child support.  That portion of any decree that requires periodic adjustments or modifications of child support shall use the provisions in chapter 26.19 RCW as the basis for the adjustment or modification.  Provisions in the decree for periodic adjustment or modification shall not conflict with RCW 26.09.170 except that the decree may require periodic adjustments or modifications of support more frequently than the time periods established pursuant to RCW 26.09.170.

    (3) Upon motion of a party and without a substantial change of circumstances, the court shall modify the decree to comply with subsection (2) of this section as to installments accruing subsequent to entry of the court's order on the motion for modification.

    (4)(a) If a custodial parent seeks modification of child support for the purpose of paying for child day care costs, the modification shall be denied by the court if the noncustodial parent or other relative declares his or her willingness to provide the requested allotment of child day care.

(b) As used in this subsection, "other relative" includes grandparents, aunts, uncles, and first cousins.

(c) Any nonparent providing child day care is subject to the investigation requirements of RCW 74.15.030.

(5) The adjustment or modification provision may be modified by the court due to economic hardship consistent with the provisions of RCW 26.09.170(4)(a).

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