SENATE BILL REPORT

SHB 418

BYHouse Committee on Judiciary (originally sponsored by Representatives Armstrong, Schmidt, Holm, Brekke, Sutherland, Locke, Winsley and Todd; by request of Department of Social and Health Services)

Establishing a child support schedule commission.

House Committe on Judiciary

Senate Committee on Judiciary

Senate Hearing Date(s):March 31, 1987; April 1, 1987

Majority Report:  Do pass as amended.

      Signed by Senators Talmadge, Chairman; Bottiger, McCaslin, Moore, Nelson, Newhouse.

Senate Staff:Lidia Mori (786-7461)

                  April 1, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, APRIL 1, 1987

BACKGROUND:

A legal duty to pay child support may be established in a proceeding for dissolution of marriage, legal separation, declaration of invalidity or under the Uniform Parentage Act.  The parties may agree on the amount of child support or the court may set the monthly amount.  The dissolution of marriage statute provides that the court may award child support that is "reasonable or necessary."  The Uniform Parentage Act sets forth more specific circumstances that are to be considered in determining the level of support owed by the non-custodial parent.

In 1982 the Superior Court Judges Association adopted voluntary guidelines to be used by superior court judges in setting support awards. The Governor's Executive Task Force on Support Enforcement has recommended that the Legislature adopt a mandatory statutory child support standard.

SUMMARY:

A child support schedule commission is established.  The commission is composed of the Secretary of the Department of Social and Health Services, the Attorney General, the Administrator for the Courts and nine other members, seven who are appointed by the Governor.  The appointed members include a superior court judge, two attorneys, two individuals with interest or experience in child support economic data, and two public members who represent the affected populations.  The Office of Support Enforcement will provide clerical assistance to the commission.

The commission will recommend a child support schedule to the Legislature by November 1, 1987.  The schedule will be based on numerous factors including economic data on family spending and child rearing costs in Washington, the need to provide funding of the child's primary residence and provision for health and child care expenses.  The commission is also directed to determine the type and source of income that should be considered, and establish a mechanism for taking into account voluntary unemployment, underemployment, and variable income.

SUMMARY OF PROPOSED SENATE AMENDMENT:

This act will take effect immediately and will expire on July 1, 1988.  The standards developed by the commission shall include provisions for taking into account the cost of living in various counties in the state.  The superior court in each judicial district will adopt a child support schedule by August 1, 1987.

Fiscal Note:      available

Senate Committee - Testified: Lucille Christenson, Department of Social and Health Services; Suzanne Howle, Washington State Bar Association Family Law Section, Seattle-King County Bar Association; Harvey Kriloff, 48th District Democrats