Washington State

House of Representatives

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BILL

ANALYSIS

Judiciary Committee

HB 2287

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Title: An act relating to providing credit towards child support obligations for veterans benefits.

Brief Description: Providing credit towards child support obligations for veterans benefits.

Sponsors: Representatives Goodman, Dickerson, Kagi, Orwall, Kenney, Moeller, Kelley, Moscoso and Roberts.

Brief Summary of Bill

  • Requires that when an obligated parent's Veteran's Administration benefits are apportioned by the VA, the apportioned amounts are applied toward the satisfaction of the parent's child support obligation.

Hearing Date: 1/16/12

Staff: Trudes Tango (786-7384).

Background:

Veteran's Administration (VA) benefits generally may not be garnished. However, the VA may apportion a veteran's benefits to the veteran's dependent children if the veteran is not paying his or her child support obligation. A veteran may also voluntarily have the VA apportion his or her VA benefits to the person's children.

When the Social Security Administration pays Social Security disability dependency benefits, retirement benefits or survivor's benefits on behalf of a child of a disabled, retired, or deceased person, those benefits are credited towards the parent's child support obligations for the period for which benefits are paid. A similar provision exists giving a credit to the parent when worker's compensation benefits are paid by the Department of Labor and Industries on behalf of or on account of the parent's children.

Currently, there is no statute authorizing the Division of Child Support to grant credit to an obligor parent for the amounts of the VA benefits that are apportioned by the VA to go towards the parent's dependent children.

Summary of Bill:

When the VA apportions a veteran's benefits to pay child support on behalf of or on account of the veteran's children, the amount paid for the children will be treated as if the veteran paid the benefits toward the satisfaction of his or her child support obligation for the period for which benefits are paid.

Appropriation: None.

Fiscal Note: Requested on January 11, 2012.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.