2000 Legislation
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HOUSE BILL NO. 418 – Child support guidelines/Supreme Ct


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H0418........................................................by MR. SPEAKER
              Requested by:  Department of Health and Welfare
CHILD SUPPORT GUIDELINES - Amends and repeals existing law to clarify the
authority of the Supreme Court to establish and modify child support
guidelines; and to delete a sunset provision governing support guidelines.
01/17    House intro - 1st rdg - to printing
    Rpt prt - to Jud
02/16    Rpt out - rec d/p - to 2nd rdg
02/17    2nd rdg - to 3rd rdg
02/21    3rd rdg - PASSED - 66-2-2
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
      Deal, Denney, Ellsworth, Field(13), Field(20), Geddes, Gould, Hadley,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
      Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher,
      Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
      Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
      Stone, Taylor, Trail(Miller), Wheeler, Wood, Zimmermann
      NAYS -- Gagner, Tilman
      Absent and excused -- Mader, Mr Speaker
    Floor Sponsor - Jaquet
    Title apvd - to Senate
02/22    Senate intro - 1st rdg - to Health/Wel
02/25    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
03/24    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Ipsen
    Title apvd - to House
03/27    To enrol
03/28    Rpt enrol - Sp signed
03/29    Pres signed
03/30    To Governor
    Governor signed
         Session Law Chapter 107
         Effective: 07/01/00

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 418
                                       BY MR. SPEAKER
                       Requested by: Department of Health and Welfare
  1                                        AN ACT
  5        TIVE DATE.
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION 1.  That Section 32-706, Idaho Code, be, and the  same  is  hereby
  8    amended to read as follows:
  9        32-706.  CHILD  SUPPORT. (1) In a proceeding for divorce or child support,
 10    the court may order either or both parents owing a duty of support to a  child
 11    to  pay an amount reasonable or necessary for his or her support and education
 12    until the child is eighteen (18) years of age, without regard to marital  mis-
 13    conduct, after considering all relevant factors which may include:
 14        (a)  The financial resources of the child;
 15        (b)  The financial resources, needs, and obligations of both the custodial
 16        and  noncustodial  parents  which  ordinarily shall not include a parent's
 17        community property interest in the financial resources or obligations of a
 18        spouse who is not a parent of the child, unless compelling reasons exist;
 19        (c)  The standard of living the child enjoyed during the marriage;
 20        (d)  The physical and emotional condition and needs of the child  and  his
 21        or her educational needs;
 22        (e)  The  availability  of  medical  coverage  for the child at reasonable
 23        cost;
 24        (f)  The actual tax benefit recognized by the party claiming  the  federal
 25        child dependency exemption.
 26        (2)  If the child continues his high school education subsequent to reach-
 27    ing  the  age  of  eighteen  (18) years, the court may, in its discretion, and
 28    after considering all relevant factors which include those set forth  in  sub-
 29    section  (1) of this section, order the continuation of support payments until
 30    the child discontinues his high school education or reaches the age  of  nine-
 31    teen (19) years, whichever is sooner.
 32        (3)  All child support orders shall notify the obligor that the order will
 33    be  enforced  by  income  withholding  pursuant to chapter 12, title 32, Idaho
 34    Code. Failure to include this provision does not affect the  validity  of  the
 35    support  order.  The  court  shall require that the social security numbers of
 36    both the obligor and obligee be included in the order or decree.
 37        (4)  In a proceeding for the support of a child  or  a  minor  parent  the
 38    court may order the parent(s) of each minor parent to pay an amount reasonable
 39    or  necessary  for  the  support  and education of the child born to the minor
 40    parent(s) until the minor parent is eighteen (18) years of age, after  consid-
 41    ering all relevant factors which may include:
 42        (a)  The financial resources of the child;
 43        (b)  The financial resources of the minor parent;
  1        (c)  The  financial  resources, needs and obligations of the parent of the
  2        minor parent;
  3        (d)  The physical and emotional condition and needs of the child  and  his
  4        or her educational needs; and
  5        (e)  The  availability  of  medical  coverage  for the child at reasonable
  6        cost.
  7        (5)  The legislature hereby authorizes and encourages the supreme court of
  8    the state of Idaho to adopt and to periodically review for modification guide-
  9    lines that utilize and implement the factors  set  forth  in  subsections  (1)
 10    through  (4)  of  this section to create a uniform procedure for reaching fair
 11    and adequate child support awards. There shall  be  a  rebuttable  presumption
 12    that  the  amount  of the award which would result from the application of the
 13    guidelines is the amount of child support to be awarded,  unless  evidence  is
 14    presented  in  a  particular  case  which indicates that an application of the
 15    guidelines would be unjust or inappropriate. If the court determines that cir-
 16    cumstances exist to permit a departure from the guidelines, the  judge  making
 17    the  determination shall make a written or specific finding on the record that
 18    the application of the guidelines would be unjust or inappropriate in the par-
 19    ticular case before the court.
 20        SECTION 2.  That Section 32-706A, Idaho Code, be, and the same  is  hereby
 21    repealed.
 22        SECTION  3.  This  act shall be in full force and effect on and after July
 23    1, 2000.

Statement of Purpose / Fiscal Impact

                     STATEMENT  OF  PURPOSE
    Federal law requires states to establish child support
    guidelines that are presumed to result in the correct amount
    to be awarded as child support in a given case.  Idaho Code
    '32-706A appears to meet that requirement, but it sunsets
    every  two years.  Idaho Code '32-706 sets forth factors to be
    considered by the court when awarding child support, but it
    does not refer to '32-706A, which is actually the controlling
    statute for most cases.  The proposed changes will combine the
    statutes to make them consistent and remove the sunset clause
    in '32-706A.
                          FISCAL  IMPACT
                                   No fiscal impact is expected. 
    Name:     Tamara Prisock
    Agency:        Dept. of Health and Welfare
    Phone:    334-5815
    Statement of Purpose/Fiscal Impact                               H0418