5086.E AMS FAIR S4819.1
ESB 5086 - S AMD - 610
By Senator Fairley
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
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, and support would have been provided
if the parents had stayed together. 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 and
resources; 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; other
children of either parent for whom postsecondary educational support may be
required; 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.)) The court shall determine and specify the amount of
contribution, if any, to be made by the child. The child support schedule
shall be advisory and not mandatory for postsecondary support.
(2) The combined obligation of both parents shall not exceed the maximum amount charged for tuition, fees, room and board, books, and supplies at any Washington state public institution of higher education unless the court finds exceptional circumstances exist.
(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 and registration 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)) with whom the child resides."
ESB 5086 - S AMD - 610
By Senator Fairley
On page 1, line 2 of the title, after "children;" strike the remainder of the title and insert "and amending RCW 26.19.090."
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