5086 AMS HEAV S2302.1
SB 5086 - S AMD - 087
By Senator Heavey
NOT ADOPTED 3/11/97
Beginning on page 1, line 10, after "education." strike the remainder of the section and insert "The legislature declares determining the amount of, if any, postsecondary support to be provided adult children is primarily the responsibility of the parents regardless of their marital status and should be the subject of judicial consideration only when extraordinary circumstances exist. Consequently, the legislature intends to modify the ruling in Childers V. Childers, 84 Wn. 2d 592 (1978) and cases which follow the Childers precedent."
SB 5086 - S AMD - 087
By Senator Heavey
NOT ADOPTED 3/11/97
On page 2, line 9, strike "A" and insert "Subject to the provisions of RCW 26.19.090, a"
Beginning on page 2, line 11, strike sections 3 through 8 and insert the following:
"Sec. 3. 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
postsecondary educational support.
(2)
When considering whether to order support for postsecondary educational
expenses,)) The court shall ((determine whether)) not
award postsecondary educational support unless the court finds that the child
is in fact dependent and is relying upon the parents for the reasonable
necessities of life. 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.
(((3)))
(2) 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)). For purposes of this subsection, "good
academic standing" means enrolled in a course of study and making
customary progress towards completion within the period of time it is expected
to take to complete the course. The court-ordered postsecondary educational
support shall be automatically suspended during the period or periods the child
fails to comply with these conditions.
(((4)))
(3) 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)))
(4) 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)))
(5) 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."
SB 5086 - S AMD - 087
By Senator Heavey
NOT ADOPTED 3/11/97
On page 1, line 2 of the title, after "children;" strike the remainder of the title and insert "amending RCW 26.19.090; adding a new section to chapter 26.09 RCW; and creating a new section."
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