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HOUSE BILL NO. 435

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H0435........................................................by MR. SPEAKER
              Requested by: Department of Health and Welfare
PUBLIC ASSISTANCE - CHILD SUPPORT GUIDELINES - Amends existing law to allow
the state to compute, based upon the Idaho Child Support Guidelines, the
amount owed to the state for public assistance on behalf of a child; and to
provide that any excess is paid to the parent or caretaker.

01/12    House intro - 1st rdg - to printing
01/12    Rpt prt - to Jud

Bill Text

H0435

                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 435

                                      BY MR. SPEAKER
                      Requested by: Department of Health and Welfare

 1                                        AN ACT
 2    RELATING TO CHILD SUPPORT; AMENDING SECTION 56-203B, IDAHO CODE, TO ALLOW  ANY
 3        JUDGMENT  SOUGHT BY THE DEPARTMENT OF HEALTH AND WELFARE FOR PUBLIC ASSIS-
 4        TANCE TO BE BASED ON THE IDAHO CHILD SUPPORT GUIDELINES AND  TO  AUTHORIZE
 5        THE PAYMENT OF ANY EXCESS TO THE PARENT OR CARETAKER OF THE CHILD.

 6    Be It Enacted by the Legislature of the State of Idaho:

 7        SECTION  1.  That  Section 56-203B, Idaho Code, be, and the same is hereby
 8    amended to read as follows:

 9        56-203B.  PAYMENT OF PUBLIC  ASSISTANCE  FOR  CHILD  CONSTITUTES  DEBT  TO
10    DEPARTMENT  BY    NATURAL  OR  ADOPTIVE   PARENTS -- LIMITATIONS --
11    DEPARTMENT SUBROGATED TO RIGHTS. Any payment of public assistance  money  made
12    to or for the benefit of any dependent child or children creates a debt due or
13    owing  to  the  department  by  the  natural or adoptive  parent or
14     parents   others  who are responsible  for  support  of
15    such  children  in  an  amount  equal to the  amount of public assistance
16    money so paid   support obligation as determined by the Idaho child
17    support guidelines starting the month the payment of  public  assistance  com-
18    mences.  If  a  judgment  entered  by  the court under the Idaho child support
19    guidelines is more than the public assistance expended, the amount  in  excess
20    of  the public assistance expended shall be payable to the custodial parent or
21    caretaker . Provided, that where there has been a district court  order,
22    the  debt  shall  be  limited  to  the  amount provided for by said order. The
23    department shall have the right to petition the appropriate district court for
24    modification of a district court order on the same grounds as a party to  said
25    cause.  Where  a child has been placed in foster care, and a written agreement
26    for payment of support has been entered into by the responsible parent or par-
27    ents and the department, the debt shall be limited to the amount provided  for
28    in  said agreement. Provided, that if a court order for support is or has been
29    entered, the provisions of said order shall prevail over the agreement.
30        The department shall be subrogated to the right of said child or  children
31    or  person  having  the care, custody and control of said child or children to
32    prosecute or maintain any support action existing under the laws of the  state
33    of  Idaho to obtain reimbursement of moneys thus expended. If a district court
34    order enters judgment for an amount of support to be paid by an  obligor  par-
35    ent, the department shall be subrogated to the debt created by such order, and
36    said  money  judgment  shall  be deemed to be in favor of the department. This
37    subrogation shall specifically  be  applicable  to  temporary  spouse  support
38    orders,  family maintenance orders and alimony orders up to the amount paid by
39    the department in public assistance moneys to or for the benefit of a  depend-
40    ent  child  or  children  but allocated to the benefit of said children on the
41    basis of providing necessities for the caretaker of said children.
42        Debt under this section shall not be incurred by, nor at any time be  col-
43    lected from a parent or other person who would be or is eligible for or who is


                                          2

 1    the  recipient  of public assistance moneys for the benefit of minor dependent
 2    children for the period such person or persons are in such status and the col-
 3    lection of the debt from such person would not be in the  fiscal  interest  of
 4    the state or would not be in the best interest of the child(ren) for whom such
 5    person owes support.

Statement of Purpose / Fiscal Impact

    





                            STATEMENT OF PURPOSE
                                  RS07301
                                      
    
    To allow the state to compute support for a prior period using Idaho Child Support 
    Guidelines and to pass on any support collected over the assistance expended to the 
    custodial parent.
    
    FISCAL IMPACT
    None. The state currently seeks reimbursement for assistance expended for a prior
    period.
    
    
    CONTACT
    Name: JoAn Silva
    Agency: Department of Health and Welfare
    Phone: 334-6535
    Statement of Purpose/Fiscal Impact
    
    H 435