1478‑S AMH CARR SHEL 10

SHB 1478 ‑ H AMD 421

By Representative Carrell

     On page 8, beginning on line 23, after "calculation))" strike everything through "obligor parent" on page 9 line 2 and insert the following:

     "The court may deviate from the standard calculation when the parent making the transfer payment (obligor) has natural or adopted children from other relationships to whom the obligor owes a duty of support and is actually supporting.

(a) The deviation shall be calculated according to the following formula: (i) Apply the child support schedule to the mother, father, and children of the family before the court to determine the basic support obligation and each parent's proportionate share of the basic amount; (ii) Then apply the schedule to the mother and father before the court and to all natural and adopted children the obligor has a duty to support and is supporting; (iii) Separate from the total amount established in subsection (ii) of this subsection, the monthly basic child support obligation for only those children before the court and multiply that amount by the obligor's proportionate share; (iv) Calculate the deviation by subtracting the obligor's basic support obligation for all children from the obligor's basic support obligation for the children before the court; and (v) Subtract the deviation amount from the obligor's basic support obligation for the children before the court. This amount shall be the presumptive support transfer payment unless the obligor is responsible for a proportionate share of day care or other special child rearing expenses.

(b) If an obligor requests a deviation for children from other relationships, the court shall consider the income and resources of the other parent of the natural or adopted children for whom the deviation is sought if the other parent lives with the obligor. The other parent's income and resources shall not be included when calculating the basic support obligation or deviation amount under subsection (a) of this section but may be a basis to adjust the presumptive support transfer payment calculated under subsection (a) of this section"

EFFECT:  The formula for calculating a deviation for the obligor's children from other relationships is rewritten to clarify some ambiguities.  No substantive change is intended.