H-3983.2          _______________________________________________

                                  HOUSE BILL 2558

                  _______________________________________________

State of Washington              54th Legislature             1996 Regular Session

By Representatives Lambert, Morris, Carrell, Wolfe, Patterson, Smith, Mitchell and Thompson

Read first time 01/12/96.  Referred to Committee on Law & Justice.

Revising the allocation of child support health care expenses between parents.

     AN ACT Relating to child support health care expenses; and amending RCW 26.19.080.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 26.19.080 and 1990 1st ex.s. c 2 s 7 are each amended to read as follows:

     (1) The basic child support obligation derived from the economic table shall be allocated between the parents based on each parent's share of the combined monthly net income.

     (2)(a) Ordinary health care expenses are included in the economic table and are calculated on an annual, calendar-year basis by multiplying five percent of the basic child support obligation by twelve.  The parent receiving the transfer payment shall be responsible for the payment of all ordinary health care expenses.  ((Monthly))  Annual health care expenses that exceed five percent of the annual basic support obligation shall be considered extraordinary health care expenses.  Extraordinary health care expenses shall be shared by the parents in the same proportion as the basic child support obligation.  Once the obligee has incurred the annual ordinary health care expenses, the obligee shall notify the obligor that all future health care expenses incurred in that calendar year are extraordinary health care expenses to be shared by the parents in the same proportion as the basic child support obligation.  The obligee shall provide the obligor with documentation, such as receipts or records, showing that the annual ordinary health care expenses have been incurred.  The obligor shall reimburse the obligee for extraordinary health care expenses as the expenses are incurred.

(b) For the purposes of this section, "health care expenses" means those expenses allowed as a federal income tax deduction for medical care, as provided in the federal Internal Revenue Code, 26 U.S.C. Sec. 1 et seq.

     (3) Day care and special child rearing expenses, such as tuition and long-distance transportation costs to and from the parents for visitation purposes, are not included in the economic table.  These expenses shall be shared by the parents in the same proportion as the basic child support obligation.

     (4) The court may exercise its discretion to determine the necessity for and the reasonableness of all amounts ordered in excess of the basic child support obligation.

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