5086 AMS KOHL S2303.1

SB 5086 - S AMD - 092

By Senator Kohl

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 - 092

By Senator Kohl

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.

(2) The combined obligation of both parents shall not exceed the highest tuition, fees, room, and board charged to a resident undergraduate student at a state institution of higher education in this state, together with a reasonable amount for textbooks and supplies. The limitation in this subsection does not apply if the court determines in a specific case that there are exceptional circumstances, such as the existence of a developmental or chronic functional disability. A desire to enroll in a school outside of this state is not, by itself, an exceptional circumstance.

(3) 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.

(4) 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) 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 - 092

By Senator Kohl

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."