BILL REQ. #:  H-0215.1 

Prefiled 12/18/2006. Read first time 01/08/2007.   Referred to Committee on Judiciary.

     AN ACT Relating to establishing work groups to periodically review and update the child support schedule; amending RCW 26.09.173, 26.10.195, 26.18.210, and 26.19.025; adding a new section to chapter 26.19 RCW; creating new sections; and providing an expiration date.

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

NEW SECTION.  Sec. 1   Federal law requires the states to periodically review and update their child support guidelines. Accurate and consistent reporting of the terms of child support orders entered by the courts or administrative agencies in Washington state is necessary in order to accomplish a review of the child support guidelines. In addition, a process for review of the guidelines should be established to ensure the integrity of any reviews undertaken to comply with federal law.

Sec. 2   RCW 26.09.173 and 1990 1st ex.s. c 2 s 23 are each amended to read as follows:
     The party seeking the establishment or modification of a child support order shall file with the clerk of the court the child support order summary report. The summary report shall be on the form developed by the administrator for the courts pursuant to RCW 26.18.210. The party must complete the form and file the form with the court order. The clerk of the court must forward the form to the ((administrator for the courts)) division of child support on at least a monthly basis.

Sec. 3   RCW 26.10.195 and 1990 1st ex.s. c 2 s 24 are each amended to read as follows:
     The party seeking the establishment or modification of a child support order shall file with the clerk of the court the child support order summary report. The summary report shall be on the form developed by the administrator for the courts pursuant to RCW 26.18.210. The party must complete the form and file the form with the court order. The clerk of the court must forward the form to the ((administrator for the courts)) division of child support on at least a monthly basis.

Sec. 4   RCW 26.18.210 and 2005 c 282 s 33 are each amended to read as follows:
     (1) The administrative office of the courts shall develop a child support order summary report form to provide for the reporting of summary information in every case in which a child support order is entered or modified either judicially or administratively. ((The administrative office of the courts shall attempt to the greatest extent possible to make the form simple and understandable by the parties. The form shall indicate the following:
     (a) The county in which the order was entered and the cause number;
     (b) Whether it was a judicial or administrative order;
     (c) Whether the order is an original order or from a modification;
     (d) The number of children of the parties and the children's ages;
     (e) The combined monthly net income of parties;
     (f) The monthly net income of the father as determined by the court;
     (g) The monthly net income of the mother as determined by the court;
     (h) The basic child support obligation for each child as determined from the economic table;
     (i) Whether or not the court deviated from the child support for each child;
     (j) The reason or reasons stated by the court for the deviation;
     (k) The amount of child support after the deviation;
     (l) Any amount awarded for day care;
     (m) Any other extraordinary amounts in the order;
     (n) Any amount ordered for postsecondary education;
     (o) The total amount of support ordered;
     (p) In the case of a modification, the amount of support in the previous order;
     (q) If the change in support was in excess of thirty percent, whether the change was phased in;
     (r) The amount of the transfer payment ordered;
     (s) Which parent was ordered to make the transfer payment; and
     (t) The date of the entry of the order.
     (2) The administrative office of the courts shall make the form available to the parties.)) The child support order summary report must be included at the top of the first page of the Washington state child support worksheets, but must not be considered part of the worksheets.
     (2) The child support order summary report form must include all data the department of social and health services division of child support has determined necessary, in order to perform the required quadrennial review of the Washington state child support guidelines under RCW 26.19.025. The division of child support must store and maintain all of the order summary report information and prepare a report at least every four years. On a monthly basis, the clerk of the court must forward all child support worksheets that have been filed with the court to the division of child support.

Sec. 5   RCW 26.19.025 and 1991 c 367 s 26 are each amended to read as follows:
     ((The legislature shall)) (1) Beginning in 2011 and every four years thereafter, a work group shall be convened to review the child support ((schedule every four years to)) guidelines and the child support review report prepared under section 6 of this act and determine if the application of the child support ((schedule)) guidelines results in appropriate support orders. Membership of the work group shall be determined as provided in this subsection.
     (a) The president of the senate shall appoint one member from each of the two largest caucuses of the senate;
     (b) The speaker of the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives;
     (c) The governor, in consultation with the division of child support, shall appoint the following members:
     (i) The director of the division of child support;
     (ii) A professor of law specializing in family law;
     (iii) A representative from the Washington state bar association's family law executive committee;
     (iv) An economist;
     (v) A representative of the tribal community;
     (vi) Two representatives from the superior court judges association, including a superior court judge and a court commissioner who is familiar with child support issues;
     (vii) A representative from the administrative office of the courts;
     (viii) A prosecutor appointed by the Washington association of prosecuting attorneys;
     (ix) A representative from legal services;
     (x) Three noncustodial parents, each of whom may be a representative of an advocacy group, an attorney, or an individual, with at least one representing the interests of low-income, noncustodial parents;
     (xi) Three custodial parents, each of whom may be a representative of an advocacy group, an attorney, or an individual, with at least one representing the interests of low-income, custodial parents; and
     (xii) An administrative law judge appointed by the office of administrative hearings.
     (2) Appointments to the work group shall be completed within thirty days of the effective date of this section.
     (3) The work group shall choose its chair from among its membership. The director of the division of child support shall convene the initial meeting of the work group.
     (4) The division of child support shall provide staff support to the work group, and shall carefully consider all input received from interested organizations and individuals during the review process.
     (5) The work group may form an executive committee, create subcommittees, designate alternative representatives, and define other procedures, as needed, for operation of the work group.
     (6) Legislative members of the work group shall be reimbursed for travel expenses under RCW 44.04.120. Nonlegislative members, except those representing an employee or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
     (7) By October 1, 2011, and every four years thereafter, the work group shall report its findings and recommendations to the legislature, including recommendations for legislative action, if necessary.

NEW SECTION.  Sec. 6   A new section is added to chapter 26.19 RCW to read as follows:
     Beginning in 2011 and every four years thereafter, the joint legislative audit and review committee subject to the committee's approval, or other entity designated by the legislature, shall:
     (1) Review and analyze data collected from the order summary report, the recommendations of the previous child support work group, the current child support guidelines, and other relevant research and data regarding the cost of child rearing, as well as research and data on the application of, and deviations from, the child support guidelines in order to perform the required quadrennial review of the Washington state child support guidelines under RCW 26.19.025; and
     (2) Prepare a report to the legislature no later than July 1, 2011, and every four years thereafter, on the application of the current child support guidelines, and on the recommendations of the prior work group.

NEW SECTION.  Sec. 7   (1) By August 1, 2007, the division of child support shall convene a work group to examine the current laws, administrative rules, and practices regarding child support, with members as provided in this subsection. The objective of the work group shall be to continue the work of the 2005 child support guidelines work group, and produce findings and recommendations to the legislature, including recommendations for legislative action, by December 30, 2007.
     (a) The speaker of the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives;
     (b) The president of the senate shall appoint one member from each of the two largest caucuses in the senate;
     (c) The governor, in consultation with the division of child support, shall appoint the following members:
     (i) The director of the division of child support;
     (ii) A professor of law specializing in family law;
     (iii) A representative from the Washington state bar association's family law executive committee;
     (iv) An economist;
     (v) A representative of the tribal community;
     (vi) Two representatives from the superior court judges association, including a superior court judge and a court commissioner who is familiar with child support issues;
     (vii) A representative from the administrative office of the courts;
     (viii) A prosecutor appointed by the Washington association of prosecuting attorneys;
     (ix) A representative from legal services;
     (x) Three noncustodial parents, each of whom can be a representative of an advocacy group, an attorney, or an individual, with at least one representing the interests of low-income, noncustodial parents;
     (xi) Three custodial parents, each of whom may be a representative of an advocacy group, an attorney, or an individual, with at least one representing the interests of low-income, custodial parents;
     (xii) An administrative law judge appointed by the office of administrative hearings.
     (2) The director of the division of child support shall serve as chair of the work group.
     (3) The division of child support shall provide staff support to the work group.
     (4) The work group shall review and make recommendations to the legislature and the governor regarding the child support guidelines in Washington state. In preparing the recommendations, the work group shall, at a minimum, review the following issues:
     (a) How the support schedule and guidelines shall treat children from other relationships, including whether the whole family formula should be applied presumptively;
     (b) Whether the economic table for calculating child support should include combined income greater than five thousand dollars;
     (c) Whether the economic table should start at one hundred twenty-five percent of the federal poverty guidelines, and move upward in one hundred dollar increments;
     (d) Whether the economic table should distinguish between children under twelve years of age and over twelve years of age;
     (e) Whether child care costs and ordinary medical costs should be included in the economic table, or treated separately;
     (f) Whether the estimated cost of child rearing, as reflected in the economic table, should be based on the Rothbarth estimate, the Engle estimator, or some other basis for calculating the cost of child rearing;
     (g) Whether the self-support reserve should be tied to the federal poverty level;
     (h) How to treat imputation of income for purposes of calculating the child support obligation, including whether minimum wage should be imputed in the absence of adequate information regarding income;
     (i) How extraordinary medical expenses should be addressed, either through the basic child support obligation or independently;
     (j) Whether the amount of the presumptive minimum order should be adjusted;
     (k) Whether gross or net income should be used for purposes of calculating the child support obligation;
     (l) How to treat overtime income or income from a second job for purposes of calculating the child support obligation;
     (m) Whether the noncustodial parent's current child support obligation should be limited to forty-five percent of net income; and
     (n) Whether the residential schedule should affect the amount of the child support obligation.
     (5) Legislative members of the work group shall be reimbursed for travel expenses under RCW 44.04.120. Nonlegislative members, except those representing an employee or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
     (6) This section expires June 30, 2008.