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S1010aaH..............................................by HEALTH AND WELFARE
CHILD SUPPORT GUIDELINES - Amends existing law to extend the sunset
provisions on the authority of the Department of Health and Welfare to
adopt child support guidelines to July 1, 2000.
01/20 Senate intro - 1st rdg - to printing
01/21 Rpt prt - to Health/Wel
02/10 Rpt out - rec d/p - to 2nd rdg
02/11 2nd rdg - to 3rd rdg
02/15 3rd rdg - PASSED - 25-2-8
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Darrington, Deide, Dunklin, Frasure, Geddes, Keough, Lee,
McLaughlin, Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner,
Thorne, Twiggs, Wheeler, Whitworth
NAYS--Davis, Hawkins
Absent and excused--Danielson, Ingram, Ipsen, King, Noh, Parry,
Riggs, Stennett
Floor Sponsor - Darrington
Title apvd - to House
02/16 House intro - 1st rdg - to Health/Wel
03/05 Rpt out - to Gen Ord
03/10 Rpt out amen - to 1st rdg as amen
03/11 1st rdg - to 2nd rdg as amen
03/12 2nd rdg - to 3rd rdg as amen
Rules susp - PASSED - 52-0-18
AYES -- Alltus, Barraclough(Barraclough), Bell, Bieter, Black, Boe,
Bruneel, Callister, Chase, Clark, Deal, Field(13), Field(20), Gagner,
Geddes, Hadley, Hammond, Hansen(23), Henbest, Hornbeck, Jones, Judd,
Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford, Mader,
Marley, McKague, Montgomery, Mortensen, Moyle, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Stevenson, Stone, Tilman, Watson, Wheeler, Williams, Zimmermann,
Mr Speaker
NAYS -- None
Absent and excused -- Barrett, Campbell, Crow, Cuddy, Denney,
Ellsworth, Gould, Hansen(29), Jaquet, Loertscher, Meyer, Smith,
Smylie, Stoicheff, Taylor, Tippets, Trail, Wood
Floor Sponsor - Sali
Title apvd - to Senate
03/15 Senate concurred in House amens - to engros
Rpt engros - 1st rdg - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/17 3rd rdg as amen - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry
Floor Sponsor - Darrington
Title apvd - to enrol
Rpt enrol - Pres signed
03/18 Sp signed
03/19 To Governor
03/23 Governor signed
Session Law Chapter 149
Effective: 07/01/99
S1010|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1010, As Amended in the House BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO CHILD SUPPORT; AMENDING SECTION 32-706A, IDAHO CODE, TO EXTEND THE 3 SUNSET CLAUSE ON THE AUTHORITY TO ADOPT CHILD SUPPORT GUIDELINES. 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 32-706A, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 32-706A. PURPOSE -- AUTHORIZATION TO ADOPT GUIDELINES -- GUIDELINES TO BE 8 PRESUMPTIVE. A. The purpose of this act is to provide compliance with recent 9 federal action whereby the congress of the United States has enacted 42 USC 10 667 as amended by public law 100-485, 102 STAT 2343, which measure requires 11 that, effective October 13, 1989, as a condition to having a state plan for 12 the receipt of federal aid for dependent children funds approved, a state must 13 establish child support guidelines, which are to have a rebuttable presumption 14 of being the correct amount for purposes of setting the level of child sup- 15 port, unless in a particular case the court finds, under criteria established 16 by the legislature of the state that application of the guidelines would be 17 unjust or inappropriate. In addition, the purpose of this act is to recognize 18 and give presumptive effect to the child support guidelines which have been 19 adopted by the supreme court of the state of Idaho, to be effective on and 20 after April 1, 1989, which guidelines have been declared by the supreme court 21 to be advisory, as an aid for the litigants and the courts to evaluate the 22 needs of the children and the resources of the parents in determining the 23 appropriate level of child support. 24 B. The legislature hereby authorizes and encourages the supreme court of 25 the state of Idaho to adopt and to periodically review for modification, 26 guidelines to promote uniform and adequate child support awards, to supplement 27 the factors set forth in section 32-706, Idaho Code, to be used as an aid and 28 a structure for litigants and courts to evaluate the individual circumstances 29 of the needs of children and the resources of parents, in determining the lev- 30 els of child support, and in evaluating the evidentiary circumstances of each 31 individual case. 32 C. In arriving at the amount to be ordered as child support, the court, 33 in addition to considering the factors described in section 32-706, Idaho 34 Code, shall also apply the guidelines adopted by the supreme court of the 35 state of Idaho on January 27, 1989, and as those guidelines are from time to 36 time amended. There shall be a rebuttable presumption that the amount of the 37 award which would result from the application of the guidelines is the amount 38 of child support to be awarded, unless evidence is presented in a particular 39 case which indicates that an application of the guidelines would be unjust or 40 inappropriate. If the court determines that circumstances exist to permit a 41 departure from the guidelines, the judge making the determination shall make a 42 written or specific finding on the record that the application of the guide- 43 lines would be unjust or inappropriate in the particular case before the 2 1 court. 2 D. The provisions of this section shall be null, void and of no force and 3 effect on and after July 1,19992000 .
STATEMENT OF PURPOSE
RS08544
Federal law requires that each state have guidelines under which
to courts should respond to motions to ordering of child
support. Idaho has had a child support guideline development and
review process in place since 1989. This legislation would
eliminate the sunset clause on this provision.
FISCAL IMPACT
There is no fiscal impact of this proposed change. There is
fiscal impact if there are not guidelines as this is required
for continuing eligibility to receive federal child support and
other funding.
CONTACT
Name: Roseanne Hardin
Agency: Division of Family and Community Service
Phone: 334-5680
Statement of Purpose/Fiscal Impact S1010