SENATE BILL REPORT

SB 6638

BYSenators Nelson, Newhouse, Johnson, Anderson, Smith, Sellar, Bailey, Saling, Benitz, Rasmussen, Amondson, Gaspard, Hansen, Madsen, Wojahn, Hayner, Thorsness and von Reichbauer

Changing child support provisions and the schedule.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 31, 1990

Senate Staff:Richard Rodger (786-7461)

AS OF JANUARY 30, 1990

BACKGROUND:

The Washington State Child Support Schedule Commission was created in 1987 to review and propose changes to the child support schedule.  The commission proposed a mandatory child support schedule which was adopted by the Legislature and took effect on July 1, 1988.  The commission will expire on July 1, 1990.

SUMMARY:

The definition of income for schedule purposes is revised to exclude overtime pay, income from a second job above 40 hours per week, nonrecurring bonuses, spousal maintenance actually paid, and up to $2000 in pension payments for self employed persons.  Income of a new spouse or of other adults in the household shall not be considered in determining the standard calculation of child support. 

The "Hayner amendment" to the 1988 Child Support Act, which allowed the superior courts to reduce child support by up to 25 percent for net incomes above $2500, is removed.  The Clark County child support schedule which incorporates the changes allowed by the Hayner amendment is adopted with modifications.  The schedule is modified by reducing the top level of the combined monthly net income from $7000 to $5000.  The court may order an additional amount to be paid for incomes above the $5000 level.

The provision allowing the court to include an automatic adjustment of support is eliminated.  DSHS may only modify an order of child support, which deviates from the schedule, if the order does not contain written reasons why the court deviated.

The court must consider deviating from the schedule when the parties have children from other relationships.  The court may use the "Blended Family Formula Approach" as recommended by a majority of the Child Support Schedule Commission members.  The court shall accept agreements from the parties which deviate from the schedule so long as the court finds that the agreement was not obtained by coercion.

Credit for overnight stays is given for each night the child stays with the parent who is obligated to make the transfer payment.  Stepparents' obligation to support stepchildren terminates upon the filing of a petition of dissolution or legal separation.  The provisions of the parenting act shall apply to all modification actions.  The Child Support Schedule Commission is not extended.

Postsecondary educational expenses are limited to age 22, except for exceptional circumstances such as mental, physical, or emotional disabilities.  The payment shall be made directly to the educational institution.

A parent may file a motion for an accounting of how child support is being spent if: (1)  the parent is obligated to pay at least 50 percent of the basic child support obligation for both parents; (2)  the amount of support owed must be at least $300 for one child, $525 for two children, or $660 for three or more children; and (3)  the parent must be current in all child support payments.

The court shall hold a preliminary hearing to determine whether there is reasonable cause to believe the parent is not spending a substantial portion of the child support for the direct or indirect benefit of the child.  If the court finds reasonable cause for the motion the court may: (1) order a show cause hearing on the issue or (2) order the parents to first mediate the issue.

A parent receiving support shall not be required to provide documentation for more than six months prior to the time of the filing of the motion.  A motion for an accounting may not be filed more than once every twelve months.

If the court finds by a preponderance of the evidence that the support is not substantially benefiting the child, the court shall order the parent to spend the money for the child's benefit.  The court may order the money to be paid to a protective payee for the benefit of the child.

Appropriation:  none

Revenue:   none

Fiscal Note:    requested