1998 Legislation
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HOUSE BILL NO. 724, As Amended – Child support guideline/public asst

HOUSE BILL NO. 724, As Amended

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Daily Data Tracking History



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

Bill Text


H0724


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

                             IN 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  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 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 / Fiscal Impact


    





                            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