1999 Legislation
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HOUSE BILL NO. 272 – Child support, include transp costs

HOUSE BILL NO. 272

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H0272................................by JUDICIARY, RULES AND ADMINISTRATION
CHILD SUPPORT - TRANSPORTATION COSTS - Amends existing law to provide that
in a proceeding for the support of a child, the court shall order an
allocation of transportation costs and responsibilities between the parents
after considering all relevant factors; to provide circumstances if the
transportation distance increases by 100 miles or more each way; and to
authorize review by the court upon a motion of either party or the court's
own motion.

02/16    House intro - 1st rdg - to printing
02/17    Rpt prt - to Jud

Bill Text


H0272


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 272

                     BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO PROCEEDINGS FOR DIVORCE OR CHILD SUPPORT; AMENDING SECTION 32-706,
 3        IDAHO CODE, TO PROVIDE THAT IN A PROCEEDING FOR THE SUPPORT  OF  A  CHILD,
 4        THE  COURT SHALL ORDER AN ALLOCATION OF TRANSPORTATION COSTS AND RESPONSI-
 5        BILITIES BETWEEN THE PARENTS AFTER CONSIDERING ALL  RELEVANT  FACTORS,  TO
 6        PROVIDE  FOR  WRITTEN  NOTICE  IF  EITHER  PARENT DECIDES TO MOVE FROM THE
 7        STATE, TO PROVIDE CIRCUMSTANCES IF THE TRANSPORTATION  DISTANCE  INCREASES
 8        BY ONE HUNDRED MILES OR MORE EACH WAY AND TO AUTHORIZE REVIEW BY THE COURT
 9        UPON MOTION OF EITHER PARTY OR THE COURT'S OWN MOTION.

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

11        SECTION  1.  That  Section  32-706, Idaho Code, be, and the same is hereby
12    amended to read as follows:

13        32-706.  CHILD SUPPORT. (1) In a proceeding for divorce or child  support,
14    the  court may order either or both parents owing a duty of support to a child
15    to pay an amount reasonable or necessary for his or her support and  education
16    until  the child is eighteen (18) years of age, without regard to marital mis-
17    conduct, after considering all relevant factors which may include:
18        (a)  The financial resources of the child;
19        (b)  The financial resources, needs, and obligations of both the custodial
20        and noncustodial parents which ordinarily shall  not  include  a  parent's
21        community property interest in the financial resources or obligations of a
22        spouse who is not a parent of the child, unless compelling reasons exist;
23        (c)  The standard of living the child enjoyed during the marriage;
24        (d)  The  physical  and emotional condition and needs of the child and his
25        or her educational needs;
26        (e)  The availability of medical coverage  for  the  child  at  reasonable
27        cost;
28        (f)  The  actual  tax benefit recognized by the party claiming the federal
29        child dependency exemption.
30        (2)  If the child continues his high school education subsequent to reach-
31    ing the age of eighteen (18) years, the court  may,  in  its  discretion,  and
32    after  considering  all relevant factors which include those set forth in sub-
33    section (1) of this section, order the continuation of support payments  until
34    the  child  discontinues his high school education or reaches the age of nine-
35    teen (19) years, whichever is sooner.
36        (3)  All child support orders shall notify the obligor that the order will
37    be enforced by income withholding pursuant to  chapter  12,  title  32,  Idaho
38    Code.  Failure  to  include this provision does not affect the validity of the
39    support order. The court shall require that the  social  security  numbers  of
40    both the obligor and obligee be included in the order or decree.
41        (4)  In  a  proceeding  for  the  support of a child or a minor parent the
42    court may order the parent(s) of each minor parent to pay an amount reasonable
43    or necessary for the support and education of the  child  born  to  the  minor


                                          2

 1    parent(s)  until the minor parent is eighteen (18) years of age, after consid-
 2    ering all relevant factors which may include:
 3        (a)  The financial resources of the child;
 4        (b)  The financial resources of the minor parent;
 5        (c)  The financial resources, needs and obligations of the parent  of  the
 6        minor parent;
 7        (d)  The  physical  and emotional condition and needs of the child and his
 8        or her educational needs; and
 9        (e)  The availability of medical coverage  for  the  child  at  reasonable
10        cost.
11          (5)  In  a proceeding for the support of the child, the court shall
12    order an allocation of transportation costs and responsibilities  between  the
13    parents after considering all relevant factors which shall include:
14        (a)  The financial resources of the child;
15        (b)  The  financial resources, needs and obligations of both parents which
16        ordinarily shall not include a parent's community property interest in the
17        financial resources or obligations of a spouse who is not a parent of  the
18        child, unless compelling reasons exist;
19        (c)  The  costs  and  difficulties to both parents in exercising custodial
20        and visitation time;
21        (d)  The reasons for the parent's relocation; and
22        (e)  Other relevant factors.
23        (6)  If either parent decides to move from the state  of  Idaho,  or  such
24    that  transportation distance for custody and visitation purposes increases by
25    one hundred (100) miles or more each way, that parent shall provide reasonable
26    advance written notice of the intended relocation to the other parent.
27        (7)  If either parent moves from the state of Idaho, or such  that  trans-
28    portation  distance  for custody and visitation purposes increases by one hun-
29    dred (100) miles or more each way, there shall  be  a  rebuttable  presumption
30    that  the  moving  party  shall  pay all the increase in transportation costs,
31    which presumption may be overcome by a showing through the above factors  that
32    sharing payment of some or all of the increase is in the best interests of the
33    child.
34        (8)  In  the  event  of  such  a move, the court shall, upon the motion of
35    either party or the court's own motion, review the allocation  of  transporta-
36    tion costs and responsibilities. Such motion may be heard without a showing of
37    material, permanent change in circumstances. 

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                                 
                            RS 08952 Cl

This Legislation puts into code factors that the court needs to
examine in Child Custody Transportation Apportionment costs.

The Intent is to put the child first in a divorce situation.
Realizing keeping both parents involved with the child is in the
best interest of the child, this legislation intends for any
relocation of the child with the custodial parent be examined
closely by the courts to provide for the best situation for the
child.

                                 
                            FISCAL NOTE

This Legislation may cause more motions to be filed with the
court but should result in less appeals to be filed making a
fiscal impact to the courts impossible to predict.



Contact:Representative Tim Ridinger208-332-1000
       



                                     STATEMENT OF PURPOSE/ FISCAL NOTE  Bill No.  H 272