HOUSE BILL REPORT

HB 413

BYRepresentatives Crane, Armstrong and P. King 

Providing additional grounds for the modification of child support.

House Committe on Judiciary

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (10)

     Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, Locke, Niemi, Patrick, Scott, Wang and Wineberry.

Minority Report:     Do not pass.  (3)

     Signed by Representatives Hargrove, Heavey and Padden.

House Staff:Harry Reinert (786-7110)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 10, 1987

BACKGROUND:

A party to a child support proceeding may ask the superior court to modify the child support order. The court may modify the order only by showing a substantial change of circumstances since the order was entered.  As a part of a proceeding for dissolution of marriage, the court may order child support after considering relevant factors.  Washington courts have interpreted this power to preclude a child support order requiring periodic adjustments based on an index such as the consumer price index.

The courts have developed certain legal doctrines to protect against delay of action by a party.  Two important doctrines are laches and equitable estoppel.  Under the doctrine of laches, a person who fails to do something when it should be done or who fails to claim or enforce a right at the proper time may be precluded by a court from enforcing that right at a later time. Under the doctrine of equitable estoppel, a person who by his or her actions or failure to act, causes another person to do or not do something in reliance on the action or failure to act, may be prohibited from asserting an otherwise valid claim if to permit the claim would be against good conscience.

SUMMARY:

SUBSTITUTE BILL: The court, under certain limited circumstances, may modify a child support order even though there has not been a substantial change of circumstances.  A party may request a modification of child support without showing a substantial change of circumstances if the order in practice works such a severe economic hardship on a party or the child as to be unconscionable, the child is in an age category different from the one on which the support award is based, the child is in high school and will turn eighteen before completing high school, or to add an automatic adjustment of support provision.

The remarriage of either party, addition of subsequent dependents, the needs of another spouse or dependents, or voluntary unemployment or underemployment cannot, by themselves, constitute a substantial change of circumstances for purposes of supporting a modification a child support order.  A party may not use the doctrines of laches or equitable estoppel to defend against a motion for modification of child support.

A procedure for modification of the child support orders is established.  A request for a modification of child support is commenced by filing a petition and financial affidavit with the superior court in the form prescribed by the administrator for the courts. The opposing party must be served with the petition and a copy of a blank financial affidavit.  The department of social and health services must be notified of a petition to modify child support if the department has been assigned the claim.  The hearing is held by the judge based on the petition and supporting affidavits unless the court determines that oral testimony is necessary for a fair determination of the issues.  The administrator for the courts is directed to develop a set of model forms to be used in the modification process.

As part of a proceeding in which child support is ordered, the court may include a provision requiring annual adjustments based on changes in a party's income or the child's needs or changes in an index or schedule.

SUBSTITUTE BILL COMPARED TO ORIGINAL: The substitute bill permits a modification to provide support beyond age 18 until the child completes high school. The original bill provided that the change could be requested to provide support for post-secondary education.  The substitute clarifies that the relaxed modification standards apply only prospectively and that the provision providing for a change based on age categories applies only if the original support order was based on an age category.  The substitute also includes a requirement that the department of social and health services be notified of a petition to modify child support if the department has been assigned the claim.

Fiscal Note:    Attached.

House Committee ‑ Testified For:     Lucille Christenson, Revenue Division, DSHS; Mark Weston, National Conference of State Legislatures.

House Committee - Testified Against: None presented.

House Committee - Testimony For:     The current process for modifying child support awards is so difficult that attorneys are almost a necessity.  A revised, simplified procedure will make it easier for people to have their support awards modified when necessary without a substantial legal bill.

House Committee - Testimony Against: None presented.