SENATE BILL REPORT
ESHB 1465
BYHouse Committee on Judiciary (originally sponsored by Representatives Armstrong, Brough, Belcher, Appelwick, Locke, Schmidt and Todd)
Providing for a state-wide child support schedule.
House Committe on Judiciary
Senate Committee on Law & Justice
Senate Hearing Date(s):February 17, 1988; February 23, 1988
Majority Report: Do pass as amended.
Signed by Senators Pullen, Chairman; Madsen, Nelson, Niemi, Talmadge.
Senate Staff:Lidia Mori (786-7418)
February 23, 1988
AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 23, 1988
BACKGROUND:
The 1987 Legislature created the Washington State Child Support Schedule Commission, composed of nine members, including two noncustodial parents. The commission was directed to propose a child support schedule after considering several factors. These factors included updated economic data, differing adjustments for the costs of rearing children of different ages, costs of living throughout the state, and provisions for health care coverage and child care payments.
The commission has made its report and recommended that the Legislature adopt a child support schedule. The commission is scheduled to go out of existence on June 30, 1988.
Currently there is no statutory procedure for a parent who pays child support to determine how the support is being spent.
SUMMARY:
The intent of the Legislature is expressed by emphasizing that a child support order must be adequate to meet a child's basic needs and additional child support should be provided commensurate with the parents' income, resources and standard of living. The child support obligation should be shared equitably between the parents.
The child support schedule adopted by the commission and dated January 26, 1988 is adopted and shall take effect July 1, 1988. The schedule must be used by all courts and administrative agencies in determining child support. An order of child support must be supported by written findings of fact. All income of the parents must be disclosed and considered by the court in determining the amount of support. Worksheets developed by the commission must be filed in each case. The amount of support determined using the standard calculation in the worksheet must be followed unless the court states specific reasons for deviating from this amount in written findings of fact which are supported by the evidence.
The number of commission members is increased to ten, with three being noncustodial parents. The commission is given continuing responsibility to review the child support schedule in even- numbered years and to report recommended changes in the schedule to the Legislature. If the Legislature makes no changes in the commission's recommendations, they go into effect in July of each odd numbered year. The commission also has authority to develop and adopt worksheets and instructions to be used in child support determinations.
The commission is directed to study methods that may be used to verify the expenditure of child support payments. The report must be made to the House Judiciary Committee and the Senate Law and Justice Committee not later than January 10, 1989. This provision takes effect immediately.
A procedure for verification of child support expenditures is established. A parent may file a motion and affidavit requesting a hearing on how child support payments are spent. If the affidavit and motion establish reasonable cause to believe that a substantial portion of the support payments are not spent on the child for whom they are intended, the court may order the receiving parent to appear at a hearing with documentation on how the payments are spent. If the court determines that a substantial portion of the payments are not spent on the child, it may enter an order directing the receiving parent to modify the situation. Unless the court enters an order, only one motion may be filed in a six- month period. If the parent filing the motion fails to obtain an order, the court may award costs and reasonable attorney's fees to the other parent. This provision takes effect July 1, 1989.
SUMMARY OF PROPOSED SENATE AMENDMENTS:
A parent may not file a motion for an accounting of how child support is being spent more frequently than once every twelve months unless the court has entered an order previously requiring such accounting.
The section which sets out a procedure for requesting accountability for the expenditure of child support is removed from the bill.
The child support schedule commission expires on July 1, 1990.
The child support registry will distribute child support payments within 8 days of receipt unless the location of the custodial parent is unknown, the child support debt is in litigation or the custodial parent cannot be identified. After a person terminates from public assistance, the office of support enforcement will distribute all moneys collected, up to the maximum of the support due for the period following termination, to the custodial parent before distributing any money to the office of support enforcement.
The provisions of any decree respecting maintenance or child support may be modified only upon a showing of substantial change of circumstances.
The Department of Social and Health Services may file an action to modify a child support order if public assistance money is being paid to or for the benefit of the child and the order is 25 percent or more below the appropriate amount set forth in the adopted child support schedule. The determination of 25 percent or more is to based on the current income of the parties and the department is not required to show a substantial change of circumstances.
The addition of members to the child support schedule commission will take effect immediately.
Appropriation: none
Revenue: none
Fiscal Note: available
Effective Date:Except for provisions relating to the verification process, the bill takes effect on July 1, 1988. The provision providing for a study of verification measures is declared an emergency and takes effect immediately. The provision creating a verification process takes effect July 1, 1989.
Senate Committee - Testified: Nancy Hawkins, N.W. Women's Law Center; Lonnie Johns Brown, National Organization for Women; Commissioner Steve Gaddis; Jean Irlbeck, Office of Support Enforcement; Mary Wechsler, Seattle-King County Bar Association; Commissioner Joe Valente; Richard White; Virginia Worthington; Tom Ashton; Joanne Moore; Mike Curtis, Office of the Administrator for the Courts; Peter Nickerson; Kevin Price, Dads Against Discrimination; David McDonald, United Fathers of America