BP BHEAD INT H [atlas:bill]

AN ACT Relating to restricting child support for postsecondary education of adult children; and amending RCW 26.19.090.

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

Sec. 1. RCW 26.19.090 and 1991 sp.s. c 28 s 7 are each amended to read as follows:

(1) The child support schedule shall ((~~be advisory and not mandatory for~~)) not apply to awards of postsecondary educational support.

(2) The court shall not order either or both parents to pay postsecondary educational support if both parents agree not to pay postsecondary educational expenses or if the child is emancipated.

(3) When considering whether to order support for postsecondary educational expenses, the court shall determine whether the child is in fact dependent and is relying upon the parents for the reasonable necessities of life. Except as limited in subsections (4) and (5) of this section, the court shall exercise its discretion when determining whether and for how long to award postsecondary educational support based upon consideration of factors that include but are not limited to the following: Age of the child; the child's needs; the expectations of the parties for their children when the parents were together; the child's prospects, desires, aptitudes, abilities or disabilities; the nature of the postsecondary education sought; and the parents' level of education, standard of living, and current and future resources. Also to be considered are the amount and type of support that the child would have been afforded if the parents had stayed together.

((~~(3)~~)) (4) Unless the parents have entered into an agreement otherwise, postsecondary educational support shall not be awarded beyond the child's twenty-third birthday; beyond the child's completion of a four-year undergraduate college degree program; or during periods of nonenrollment.

(5)(a) Postsecondary educational support shall not be awarded for amounts in excess of the highest cost at a Washington state public university for resident students for: (i) Tuition; (ii) books, fees, education supplies; and (iii) dormitory room and board.

(b) This subsection shall not apply when: (i) Parents have agreed to exceed these costs; or (ii) the child wishes to attend a private postsecondary educational institution, and the parents have agreed that the child should attend a private postsecondary educational institution, either or both parents attended private postsecondary educational institutions, or either or both parents have the financial capability to pay for a private postsecondary education.

(6) Determination of support shall be adjusted by any amount of loans, scholarships, or grants actually available to the student for that year's enrollment. The student shall have an affirmative obligation to seek financial aid through the postsecondary educational institution.

(7) The amount of support established must be apportioned between the parents on the basis of net income in the same manner as if the child was under age eighteen and receiving child support under this chapter.

(8) The court may adjust support for earnings of a child in excess of the amount necessary to support the child during periods of nonenrollment. The court may require the child to contribute financially to his or her educational expenses and support commensurate with the child's abilities and academic schedule.

(9) The court may order the child to consult with each parent paying postsecondary educational support regarding the child's academic plans and progress.

(10) Upon finding that the child willfully failed to provide the information required under subsection (13) of this section, the court may terminate support.

(11) If the parents have minor children to whom they owe an obligation of support under a child support order, the court shall ensure adequate provision is made for the support of the minor children prior to ordering postsecondary educational support for an adult sibling under this chapter.

(12) The child must enroll in an accredited academic or vocational school, must be actively pursuing a course of study commensurate with the child's vocational goals, and must be in good academic standing as defined by the institution. The court-ordered postsecondary educational support shall be automatically suspended during the period or periods the child fails to comply with these conditions. For purposes of this subsection, "actively pursuing a course of study" means that the child completes the period of enrollment for which the parents have paid support. If the child fails for whatever reason to complete the academic period, the parents shall have no obligation to resume payment of support until the child has made up the incomplete period.

((~~(4)~~)) (13) The child shall also make available all academic records and grades to both parents as a condition of receiving postsecondary educational support. Each parent shall have full and equal access to the postsecondary education records as provided in RCW 26.09.225.

(((5) The court shall not order the payment of postsecondary educational expenses beyond the child's twenty-third birthday, except for exceptional circumstances, such as mental, physical, or emotional disabilities.

~~(6)~~)) (14) The court shall direct that either or both parents' payments for postsecondary educational expenses be made directly to the educational institution if feasible. If direct payments are not feasible, then the court in its discretion may order that either or both parents' payments be made directly to the child if the child does not reside with either parent. If the child resides with one of the parents the court may direct that the parent making the support transfer payments make the payments to the child or to the parent who has been receiving the support transfer payments.