SENATE BILL REPORT

HB 1464

BYRepresentatives Armstrong, Belcher, Brough, Crane, Hargrove, Locke, Zellinsky, Wang, Holland, Schmidt, Doty, B. Williams and Todd

Strengthening contempt orders for the failure to pay child support.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):February 17, 1988; February 26, 1988

Majority Report:  Do pass.

      Signed by Pullen, Chairman; Halsan, Hayner, Madsen, Nelson, Newhouse, Talmadge.

Senate Staff:Lidia Mori (786-7418)

                  February 26, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 26, 1988

BACKGROUND:

Courts have inherent and statutory authority to enforce their orders.  This authority may be used either to coerce a person into compliance with the court's order or to punish a person for failure to comply with the order.  Coercive contempt is designed to obtain compliance and as soon as the person complies with the order, the court's sanction must be lifted.  Punitive contempt is not subject to this limitation.

A petition may be filed in superior court to initiate a contempt action for failure to comply with a child support order.  The court may order a show cause hearing if it determines that there is reasonable cause to believe the person has failed to comply with the support order.  If the court determines that the person has failed to comply with the child support order and has not shown that he or she is unable to comply with the order, the court may find the person in contempt of court.  The court may punish the person by imposing a term of imprisonment for up to 180 days in the county jail.  The sentence may be suspended upon conditions that are reasonably likely to result in compliance.  A person who contends that he or she was unable to comply must also demonstrate that he or she used due diligence in trying to comply.

SUMMARY:

The petition to initiate a contempt action for child support may be either a punitive or coercive contempt proceeding.  If the court determines that the person has not complied with the child support order and that the person was able to comply with the order, the person is in contempt of court.  The person may be punished by a term of imprisonment in the county jail for up to 180 days.

If the court determines that the person is able to comply with the order and is presently unwilling to comply with the order, the person is in contempt of court.  The person may be ordered imprisoned until he or she agrees to comply with the order, but for no more than 180 days.

The person has the burden of establishing by a preponderance of the evidence that he or she exercised due diligence in attempting to comply with the order.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: No one