5086.E AMH LJ H3102.1

ESB 5086 - H COMM AMD

By Committee on Law & Justice

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 26.19.090 and 1991 sp.s. c 28 s 7 are each amended to read as follows:

    (1) The child support schedule shall ((be advisory and not mandatory for)) not apply to awards of postsecondary educational support.

    (2) The court shall not order either or both parents to pay postsecondary educational support if both parents agree not to pay postsecondary educational expenses.  The court may not enter an initial order of child support if the child is no longer dependent before the petition is filed.

(3) When considering whether to order support for postsecondary educational expenses, the court shall determine whether the child is in fact dependent and is relying upon the parents for the reasonable necessities of life.  Except as limited in subsections (4) and (5) of this section, the court shall exercise its discretion when determining whether and for how long to award postsecondary educational support based upon consideration of factors that include but are not limited to the following:  Age of the child; the child's needs; the expectations of the parties for their children when the parents were together; the child's prospects, desires, aptitudes, abilities or disabilities; the nature of the postsecondary education sought; and the parents' level of education, standard of living, and current and future resources.  Also to be considered are the amount and type of support that the child would have been afforded if the parents had stayed together.  If the parents have other children who are dependent upon the parents for support, the court shall ensure that adequate provision is made for such children in determining whether and for how long to award postsecondary support.

    (((3))) (4) Unless the parents have entered into an agreement otherwise, postsecondary educational support shall not be awarded beyond the child's twenty-third birthday; beyond the child's completion of a four-year undergraduate college degree program; or during periods of nonenrollment.  Regularly scheduled summer and vacation breaks are not periods of nonenrollment.

(5)(a) Postsecondary educational support shall not be awarded for amounts in excess of the highest cost at a Washington state public university for resident students for:  (i) Tuition; (ii) books, fees, education supplies; and (iii) dormitory room and board when the child will actually incur dormitory room and board expenses.

(b) This subsection shall not apply when:  (i) Parents have agreed to exceed these costs; or (ii) the child wishes to attend a private postsecondary educational institution, and the parents have agreed that the child should attend a private postsecondary educational institution, or either or both parents attended private postsecondary educational institutions, and either or both parents have the financial capability to pay for a private postsecondary education.

(6) The student shall have an affirmative obligation to seek financial aid through the postsecondary educational institution.  The court shall consider any aid obtained in determining the parents' support obligation.

(7) The amount of support established may be apportioned between the parents on the basis of net income in the same manner as if the child was under age eighteen and receiving child support under this chapter.

(8) The court may adjust support for earnings of a child in excess of the amount necessary to support the child during periods of nonenrollment.  The court may require the child to contribute financially to his or her educational expenses and support commensurate with the child's abilities and academic schedule.

(9) The court may order the child to notify each parent paying postsecondary educational support in writing regarding the child's academic plans, progress, and changes in academic schedule.

(10) Upon finding that the child willfully failed to provide the information required under subsection (12) of this section, the court may terminate or suspend support.

(11) The child must enroll in an accredited academic or vocational school, must be actively pursuing a course of study commensurate with the child's vocational goals, and must be in good academic standing as defined by the institution.  The court-ordered postsecondary educational support shall be automatically suspended during the period or periods the child fails to comply with these conditions.  For purposes of this subsection, "actively pursuing a course of study" means that the child completes the period of enrollment for which the parents have paid support.  If the child fails for whatever reason to complete the academic period, the parents shall have no obligation to resume payment of support until the child has made up the incomplete period.

    (((4))) (12) The child shall also make available all academic records and grades to both parents as a condition of receiving postsecondary educational support.  Each parent shall have full and equal access to the postsecondary education records as provided in RCW 26.09.225.

    (((5) The court shall not order the payment of postsecondary educational expenses beyond the child's twenty-third birthday, except for exceptional circumstances, such as mental, physical, or emotional disabilities.

    (6))) (13) The court shall direct that either or both parents' payments for postsecondary educational expenses be made directly to the educational institution if feasible.  If direct payments are not feasible, then the court in its discretion may order that either or both parents' payments be made directly to the child if the child does not reside with either parent.  If the child resides with one of the parents the court may direct that the parent making the support transfer payments make the payments to the child or to the parent who has been receiving the support transfer payments.

NEW SECTION. Sec. 2.  This act applies prospectively only and not retroactively.  It applies only to causes of action that are commenced on or after the effective date of this act."

ESB 5086 - H COMM AMD

By Committee on Law & Justice

    On page 1, line 2 of the title, after "children;" strike the remainder of the title and insert "amending RCW 26.19.090; and creating a new section."

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