HOUSE BILL REPORT
2SHB 1009
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Passed House:
March 12, 2007
Title: An act relating to establishing work groups to periodically review and update the child support schedule.
Brief Description: Establishing work groups to periodically review and update the child support schedule.
Sponsors: By House Committee on Appropriations (originally sponsored by Representatives Moeller, Wallace, Linville, Wood and Dickerson).
Brief History:
Judiciary: 1/16/07, 1/23/07 [DPS];
Appropriations: 2/6/07, 2/21/07 [DP2S(w/o sub JUDI)].
Floor Activity:
Passed House: 3/12/07, 98-0.
Brief Summary of Second Substitute Bill |
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HOUSE COMMITTEE ON JUDICIARY
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 11 members: Representatives Lantz, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Ahern, Flannigan, Kirby, Moeller, Pedersen, Ross and Williams.
Staff: Trudes Tango (786-7384).
HOUSE COMMITTEE ON APPROPRIATIONS
Majority Report: The second substitute bill be substituted therefor and the second substitute bill do pass and do not pass the substitute bill by Committee on Judiciary. Signed by 34 members: Representatives Sommers, Chair; Dunshee, Vice Chair; Alexander, Ranking Minority Member; Bailey, Assistant Ranking Minority Member; Haler, Assistant Ranking Minority Member; Anderson, Buri, Chandler, Cody, Conway, Darneille, Dunn, Ericks, Fromhold, Grant, Haigh, Hinkle, Hunt, Hunter, Kagi, Kenney, Kessler, Kretz, Linville, McDermott, McDonald, McIntire, Morrell, Pettigrew, Priest, Schual-Berke, Seaquist, P. Sullivan and Walsh.
Staff: Amy Skei (786-7140).
Background:
The Division of Child Support (DCS), which is within the Department of Social and Health
Services, is responsible for administering Washington's child support enforcement program.
The DCS provides support enforcement services to parents receiving public assistance and to
those non-assistance parents who request support enforcement services.
Mechanism for Review
The Legislature is required to review the child support schedule, which contains guidelines
and the economic table, every four years to determine whether the support schedule results in
appropriate support orders. While the Legislature has considered modifications to the child
support guidelines over the years, there has not been a major substantive change made to the
methods for calculating child support or to the economic table.
Order Summary Report
The order summary report is a form created by the Administrative Office of the Courts
(AOC). A party seeking to establish or modify a child support order must file an order
summary report with the court clerk, and the clerk must send those forms to the AOC. The
purpose of the form is to collect data necessary for reviews of the child support schedule.
Child Support Work Group
In March of 2005, the Governor charged the DCS to convene a workgroup to review the state
child support guidelines. The Governor's request was in response to a letter received by the
DCS from the federal Office of Child Support Enforcement (OCSE). The OCSE expressed
concern that Washington's child support guidelines had not been adequately reviewed in
several years as required by federal law. Failure to adequately review the child support
guidelines could result in a recommendation by the OCSE to disapprove Washington's child
support state plan. Disapproval could result in suspension of federal payments for the DCS's
program, as well as jeopardize some of the federal money the state receives for the
Temporary Assistance for Needy Families program.
In response to the Governor's request, the DCS established a Child Support Guidelines
Workgroup. The workgroup met monthly from April 2005 until December 2005. It issued a
report on January 16, 2006, and made a number of final recommendations to the Legislature.
Summary of Second Substitute Bill:
Order Summary Report
The format of the order summary report is revised. The report must be included at the top of
the first page of the child support worksheets, but it is not considered part of the worksheet.
The order summary report must contain all data the DCS needs to perform a quadrennial
review of the child support schedule. Every month, the clerk of the court must transmit all
child support worksheets and order summary reports to the DCS. The DCS must store and
maintain the order summary report data and prepare a report at least every four years.
Mechanism for Review
By August 1, 2007, the DCS must convene a work group to continue the work of the 2005
work group and produce recommendations to the Legislature by December 30, 2008. The
work group must review and make recommendations to the Legislature on specific issues.
The 21-member work group shall consist of:
(a) the Director of the DCS;
(b) a professor of law specializing in family law;
(c) a representative from the Washington State Bar Association's Family Law Executive
Committee;
(d) an economist;
(e) a representative of the tribal community;
(f) two representatives from the Superior Court Judges' Association, including a superior court judge and a court commissioner familiar with child support issues;
(g) a representative from the AOC;
(h) a prosecutor;
(i) a representative from legal services;
(j) three non-custodial parents;
(k) three custodial parents;
(l) four legislators; and
(m) an administrative law judge.
Beginning in 2011, and every four years thereafter, the DCS must convene a work group with
similar membership to review the laws, administrative rules, and practices surrounding child
support. The Governor shall appoint the chair of the workgroup. Reports to the Legislature
are due October 1, 2011, and every four years thereafter.
Joint Legislative Audit Review Committee
By July 1, 2010, the Joint Legislative Audit and Review Committee must review and analyze
data collected from the order summary reports, review the recommendations made by the
previous DCS work group, review data on the costs of child rearing, review other relevant
research, and prepare a report on the application of the current child support guidelines.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony: (Judiciary)
(In support) There are several key issues that the 2005 work group addressed and that still
need to be addressed. The work group needs to look at what the actual cost of child rearing is
and also look at raising the mandatory minimum support obligation for lower income parents.
There shouldn't just be an across-the-board increase. Parents want a mechanism for
accountability so they can see how their support payments are being spent. Parents selected
for the work group should represent advocacy groups.
(Concerns) There was consensus from the 2005 work group on some issues. The DCS wants
fair uniform calculations across the state so that parents have predictability. Not all courts
compile and send the summary order report to the Administrative Office of the Courts,
therefore we don't have adequate data to make changes yet. We need time to collect data
across the state. The order summary reports collected by the DCS under the bill will be the
foundation for reviewing the child support schedule. The dates in the bill could be changed
to give the work group more time before reporting to the Legislature and to stagger the work
group's review with the JLARC review. There is a fiscal impact for the DCS, but the costs
are not included in the Governor's budget.
Staff Summary of Public Testimony: (Appropriations)
(In support) None.
(Opposed) It is important to keep in mind that federal law requires the review of a child
support schedule every four years. Washington state has not met that responsibility. The law
currently provides that the Legislature is to review and make changes to the child support
schedule. This bill will benefit children and families. The changes in the funding for this
substitute bill help with the Department's logistic concerns related to the bill's timing. This
bill is not included in the Governor's budget.
Persons Testifying: (Judiciary) (In support) Representative Moeller, prime sponsor; Greg
Howe, Washington Civil Rights Council.
(Concerns) David Stillman, Department of Social and Health Services, Division of Child
Support.
Persons Testifying: (Appropriations) (Opposed) David Stillman, Department of Social and Health Services, Division of Child Support.