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H0724aa..............................by JUDICIARY, RULES AND ADMINISTRATION
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.
02/16 House intro - 1st rdg - to printing
02/17 Rpt prt - to Jud
03/06 Rpt out - to Gen Ord
03/06 Rpt out amen - to engros
03/09 Rpt engros - 1st rdg - to 2nd rdg as amen
03/10 Rls susp - PASSED - 61-4-5
AYES -- Alltus, Barraclough, Bell, Bieter, Bivens, Black(15),
Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
Crow, Cuddy, Deal, Ellsworth, Field(13), Gagner, Gould, Hadley,
Hansen, Henbest, Hornbeck, Jaquet, Jones(9), Jones(22), Jones(20),
Judd, Kellogg, Kendell, Kjellander, Lake, Linford, Loertscher, Mader,
Marley, Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy,
Reynolds, Richman, Robison, Sali, Schaefer, Stevenson, Stoicheff,
Stone, Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler,
Zimmermann, Mr Speaker
NAYS -- Barrett, Denney, McKague, Wood
Absent and excused -- Field(20), Geddes, Kempton, Kunz, Ridinger
Floor Sponsor - Clark
Title apvd - to Senate
03/11 Senate intro - 1st rdg as amen - to Health/Wel
03/13 Rpt out - rec d/p - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/18 3rd rdg as amen - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Hansen
Floor Sponsor - Ipsen
Title apvd - to House
03/19 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 208
Effective: 07/01/98
H0724|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 724, As Amended BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 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 BYNATURAL OR ADOPTIVEPARENTS -- 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 thenatural or adoptiveparent or 14parentsothers who are responsible for support of 15 such children in an amount equal to theamount of public assistance16money so paidsupport obligation as is subsequently determined by 17 court order pursuant to the Idaho child support guidelines which debt arises 18 at the end of the first month for which the payment of public assistance com- 19 mences. If a judgment entered by the court under the Idaho child support 20 guidelines is more than the public assistance expended, the amount in excess 21 of the public assistance expended shall be payable to the custodial parent or 22 caretaker . Provided, that where there has been a district court order, 23 the debt shall be limited to the amount provided for by said order. The 24 department shall have the right to petition the appropriate district court for 25 modification of a district court order on the same grounds as a party to said 26 cause. Where a child has been placed in foster care, and a written agreement 27 for payment of support has been entered into by the responsible parent or par- 28 ents and the department, the debt shall be limited to the amount provided for 29 in said agreement. Provided, that if a court order for support is or has been 30 entered, the provisions of said order shall prevail over the agreement. 31 The department shall be subrogated to the right of said child or children 32 or person having the care, custody and control of said child or children to 33 prosecute or maintain any support action existing under the laws of the state 34 of Idaho to obtain reimbursement of moneys thus expended. If a district court 35 order enters judgment for an amount of support to be paid by an obligor par- 36 ent, the department shall be subrogated to the debt created by such order, and 37 said money judgment shall be deemed to be in favor of the department. This 38 subrogation shall specifically be applicable to temporary spouse support 39 orders, family maintenance orders and alimony orders up to the amount paid by 40 the department in public assistance moneys to or for the benefit of a depend- 41 ent child or children but allocated to the benefit of said children on the 42 basis of providing necessities for the caretaker of said children. 43 Debt under this section shall not be incurred by, nor at any time be col- 2 1 lected from a parent or other person who would be or is eligible for or who is 2 the recipient of public assistance moneys for the benefit of minor dependent 3 children for the period such person or persons are in such status and the col- 4 lection of the debt from such person would not be in the fiscal interest of 5 the state or would not be in the best interest of the child(ren) for whom such 6 person owes support.
STATEMENT OF PURPOSE
RS 08035
This proposed amendment at Section 56-203B, Idaho Code, is to
bring the State of Idaho into compliance with Federal
regulations which require the State to compute monthly child
support obligations using the State's Child Support Guidelines
rather than by the amount of public assistance (TAFI)expended
on the children. Effective October 1989, Federal regulations at
45 CFR 302.56, as a condition of approval of its State Plan,
require that the State shall establish one set of guidelines by
law for setting and modifying child support award amounts
within the State.
Applying the Child Support Guidelines in setting child support
amounts during a period of public assistance is the most
equitable and uniform method for the public assistance family,
the obligor and the State. Child Support Guidelines require
support to be awarded based on the respective income of each
parent responsible for supporting the children. Prior
practices of seeking a child support award based on the amount
of public assistance (TAFI) expended places the full financial
obligation upon the non custodial parent.
FISCAL NOTE
An annual loss of $198,000 in Federal Financial Participation
in the State's Child Support Program would be incurred if the
State chose to set child support awards using calculations
other than the Child Support Guidelines.
If Idaho's Title IV-D State Plan is disapproved for failure to
use Guidelines in calculating support awards during times of
public assistance there would be a loss of $12.8 million to the
Child Support Program. Failure to operate an approved Title
IV-D Child Support Program could also cause the State to lose
funding for the Title IV-A TANF block grant in the amount of
$31.5 million federal dollars.
Contact:JoAn Silva, 208-334-5768, Division of Welfare, Dept. of
Health and Welfare
STATEMENT OF PURPOSE/FISCAL NOTE
H 724