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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
H0272|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN 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
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