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S1376aa,aa...........................................by JUDICIARY AND RULES CHILD SUPPORT GUIDELINES - Amends existing law to provide that, when adopting child support guidelines, the Supreme Court shall provide that in a proceeding to modify an existing award, the children of the party requesting the modification who are born or adopted after the entry of the existing order shall not be considered; and to extend the sunset date. 02/08 Senate intro - 1st rdg - to printing 02/09 Rpt prt - to Jud 02/21 Rpt out - to 14th Ord 02/23 Rpt out amen - to engros 02/24 Rpt engros - 1st rdg - to 2nd rdg as amen 02/25 2nd rdg - to 3rd rdg as amen 02/28 Rpt out - to 14th Ord 03/03 Rpt out amen - to engros 03/06 Rpt engros - 1st rdg - to 2nd rdg as amen 03/07 2nd rdg - to 3rd rdg as amen 03/14 3rd rdg as amen - PASSED - 22-13-0 AYES--Andreason, Boatright, Bunderson, Crow, Danielson, Davis, Deide, Dunklin, Frasure, Hawkins, Ingram, Keough, King-Barrutia, McLaughlin, Riggs, Sandy, Schroeder, Sorensen, Stegner, Stennett, Wheeler, Whitworth NAYS--Burtenshaw, Cameron, Darrington, Geddes, Ipsen, Lee, Noh, Parry, Richardson, Risch, Thorne, Walton/Branch, Williams Absent and excused--None Floor Sponsor - Sorensen Title apvd - to House 03/15 House intro - 1st rdg as amen - to Jud 03/20 Rpt out - rec d/p - to 2nd rdg as amen 03/21 2nd rdg - to 3rd rdg as amen 03/30 3rd rdg as amen - PASSED - 53-0-17 AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Callister, Campbell, Chase, Cheirrett, Clark, Deal, Denney, Ellsworth, Field(13), Field(20), Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones(Jones), Judd, Kempton, Kendell, Loertscher, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Pearce, Pischner, Pomeroy, Reynolds, Ringo, Robison, Sali, Schaefer, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Trail, Wheeler, Wood, Zimmermann, Mr Speaker NAYS -- None Absent and excused -- Barrett, Bruneel, Crow, Cuddy, Gagner, Geddes, Gould, Kellogg, Kunz, Lake, Linford, Mader, Moyle, Ridinger, Sellman, Taylor, Tilman Floor Sponsor - Field(13) Title apvd - to Senate 03/31 To enrol 04/03 Rpt enrol - Pres signed - Sp signed 04/04 To Governor 04/17 Governor signed Session Law Chapter 412 Effective: 07/01/00
S1376|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE SENATE SENATE BILL NO. 1376, As Amended, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO CHILD SUPPORT GUIDELINES; AMENDING SECTION 32-706, IDAHO CODE, AS 3 AMENDED BY HOUSE BILL NO. 418, AS ENACTED BY THE SECOND REGULAR SESSION OF 4 THE FIFTY-FIFTH IDAHO LEGISLATURE, TO PROVIDE WHEN ADOPTING GUIDELINES, 5 THE SUPREME COURT SHALL PROVIDE THAT IN A PROCEEDING TO MODIFY AN EXISTING 6 AWARD, CHILDREN OF THE PARTY REQUESTING THE MODIFICATION WHO ARE BORN OR 7 ADOPTED AFTER THE ENTRY OF THE EXISTING ORDER SHALL NOT BE CONSIDERED. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 32-706, Idaho Code, as amended by House Bill No. 10 418, enacted by the Second Regular Session of the Fifty-fifth Idaho Legisla- 11 ture, be, and the same is hereby amended to read as follows: 12 32-706. CHILD SUPPORT. (1) In a proceeding for divorce or child support, 13 the court may order either or both parents owing a duty of support to a child 14 to pay an amount reasonable or necessary for his or her support and education 15 until the child is eighteen (18) years of age, without regard to marital mis- 16 conduct, after considering all relevant factors which may include: 17 (a) The financial resources of the child; 18 (b) The financial resources, needs, and obligations of both the custodial 19 and noncustodial parents which ordinarily shall not include a parent's 20 community property interest in the financial resources or obligations of a 21 spouse who is not a parent of the child, unless compelling reasons exist; 22 (c) The standard of living the child enjoyed during the marriage; 23 (d) The physical and emotional condition and needs of the child and his 24 or her educational needs; 25 (e) The availability of medical coverage for the child at reasonable 26 cost; 27 (f) The actual tax benefit recognized by the party claiming the federal 28 child dependency exemption. 29 (2) If the child continues his high school education subsequent to reach- 30 ing the age of eighteen (18) years, the court may, in its discretion, and 31 after considering all relevant factors which include those set forth in sub- 32 section (1) of this section, order the continuation of support payments until 33 the child discontinues his high school education or reaches the age of nine- 34 teen (19) years, whichever is sooner. 35 (3) All child support orders shall notify the obligor that the order will 36 be enforced by income withholding pursuant to chapter 12, title 32, Idaho 37 Code. Failure to include this provision does not affect the validity of the 38 support order. The court shall require that the social security numbers of 39 both the obligor and obligee be included in the order or decree. 40 (4) In a proceeding for the support of a child or a minor parent the 41 court may order the parent(s) of each minor parent to pay an amount reasonable 42 or necessary for the support and education of the child born to the minor 43 parent(s) until the minor parent is eighteen (18) years of age, after consid- 2 1 ering all relevant factors which may include: 2 (a) The financial resources of the child; 3 (b) The financial resources of the minor parent; 4 (c) The financial resources, needs and obligations of the parent of the 5 minor parent; 6 (d) The physical and emotional condition and needs of the child and his 7 or her educational needs; and 8 (e) The availability of medical coverage for the child at reasonable 9 cost. 10 (5) The legislature hereby authorizes and encourages the supreme court of 11 the state of Idaho to adopt and to periodically review for modification guide- 12 lines that utilize and implement the factors set forth in subsections (1) 13 through (4) of this section to create a uniform procedure for reaching fair 14 and adequate child support awards. There shall be a rebuttable presumption 15 that the amount of the award which would result from the application of the 16 guidelines is the amount of child support to be awarded, unless evidence is 17 presented in a particular case which indicates that an application of the 18 guidelines would be unjust or inappropriate. If the court determines that cir- 19 cumstances exist to permit a departure from the guidelines, the judge making 20 the determination shall make a written or specific finding on the record that 21 the application of the guidelines would be unjust or inappropriate in the par- 22 ticular case before the court. When adopting guidelines, the supreme court 23 shall provide that in a proceeding to modify an existing award, children of 24 the party requesting the modification who are born or adopted after the entry 25 of the existing order shall not be considered.
AS1376|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000Moved by Sorensen Seconded by Ingram IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1376 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, delete lines 36 through 38 and insert: "a 3 proceeding to modify an existing award, children of the party requesting the 4 modification who are born or adopted after the entry of the existing order 5 shall not be considered.". 6 CORRECTION TO TITLE 7 On page 1, in line 3 delete "THEM" and delete lines 4 through 7 and 8 insert: "A PROCEEDING TO MODIFY AN EXISTING AWARD, CHILDREN OF THE PARTY 9 REQUESTING THE MODIFICATION WHO ARE BORN OR ADOPTED AFTER THE ENTRY OF THE 10 EXISTING ORDER SHALL NOT BE CONSIDERED AND TO EXTEND THE SUNSET DATE; AND 11 DECLARING AN EMERGENCY.". Moved by Sorensen Seconded by Ingram IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1376, AS AMENDED 12 AMENDMENT TO THE BILL 13 On page 1 of the engrossed bill, delete lines 9 through 43, and on page 2, 14 delete lines 1 through 13 and insert: 15 "SECTION 1. That Section 32-706, Idaho Code, as amended by House Bill No. 16 418, enacted by the Second Regular Session of the Fifty-fifth Idaho Legisla- 17 ture, be, and the same is hereby amended to read as follows: 18 32-706. CHILD SUPPORT. (1) In a proceeding for divorce or child support, 19 the court may order either or both parents owing a duty of support to a child 20 to pay an amount reasonable or necessary for his or her support and education 21 until the child is eighteen (18) years of age, without regard to marital mis- 22 conduct, after considering all relevant factors which may include: 23 (a) The financial resources of the child; 24 (b) The financial resources, needs, and obligations of both the custodial 25 and noncustodial parents which ordinarily shall not include a parent's 26 community property interest in the financial resources or obligations of a 27 spouse who is not a parent of the child, unless compelling reasons exist; 28 (c) The standard of living the child enjoyed during the marriage; 29 (d) The physical and emotional condition and needs of the child and his 30 or her educational needs; 31 (e) The availability of medical coverage for the child at reasonable 32 cost; 33 (f) The actual tax benefit recognized by the party claiming the federal ||| 2 1 child dependency exemption. 2 (2) If the child continues his high school education subsequent to reach- 3 ing the age of eighteen (18) years, the court may, in its discretion, and 4 after considering all relevant factors which include those set forth in sub- 5 section (1) of this section, order the continuation of support payments until 6 the child discontinues his high school education or reaches the age of nine- 7 teen (19) years, whichever is sooner. 8 (3) All child support orders shall notify the obligor that the order will 9 be enforced by income withholding pursuant to chapter 12, title 32, Idaho 10 Code. Failure to include this provision does not affect the validity of the 11 support order. The court shall require that the social security numbers of 12 both the obligor and obligee be included in the order or decree. 13 (4) In a proceeding for the support of a child or a minor parent the 14 court may order the parent(s) of each minor parent to pay an amount reasonable 15 or necessary for the support and education of the child born to the minor 16 parent(s) until the minor parent is eighteen (18) years of age, after consid- 17 ering all relevant factors which may include: 18 (a) The financial resources of the child; 19 (b) The financial resources of the minor parent; 20 (c) The financial resources, needs and obligations of the parent of the 21 minor parent; 22 (d) The physical and emotional condition and needs of the child and his 23 or her educational needs; and 24 (e) The availability of medical coverage for the child at reasonable 25 cost. 26 (5) The legislature hereby authorizes and encourages the supreme court of 27 the state of Idaho to adopt and to periodically review for modification guide- 28 lines that utilize and implement the factors set forth in subsections (1) 29 through (4) of this section to create a uniform procedure for reaching fair 30 and adequate child support awards. There shall be a rebuttable presumption 31 that the amount of the award which would result from the application of the 32 guidelines is the amount of child support to be awarded, unless evidence is 33 presented in a particular case which indicates that an application of the 34 guidelines would be unjust or inappropriate. If the court determines that cir- 35 cumstances exist to permit a departure from the guidelines, the judge making 36 the determination shall make a written or specific finding on the record that 37 the application of the guidelines would be unjust or inappropriate in the par- 38 ticular case before the court. When adopting guidelines, the supreme court 39 shall provide that in a proceeding to modify an existing award, children of 40 the party requesting the modification who are born or adopted after the entry 41 of the existing order shall not be considered.". 42 CORRECTION TO TITLE 43 On page 1, delete lines 2 through 7 and insert: 44 "RELATING TO CHILD SUPPORT GUIDELINES; AMENDING SECTION 32-706, IDAHO CODE, AS 45 AMENDED BY HOUSE BILL NO. 418, AS ENACTED BY THE SECOND REGULAR SESSION OF 46 THE FIFTY-FIFTH IDAHO LEGISLATURE, TO PROVIDE WHEN ADOPTING GUIDELINES, 47 THE SUPREME COURT SHALL PROVIDE THAT IN A PROCEEDING TO MODIFY AN EXISTING 48 AWARD, CHILDREN OF THE PARTY REQUESTING THE MODIFICATION WHO ARE BORN OR 49 ADOPTED AFTER THE ENTRY OF THE EXISTING ORDER SHALL NOT BE CONSIDERED.".
STATEMENT OF PURPOSE RS 09790 The purpose of 'this legislation is to make clear to the Supreme Court when adopting the Child Support Guidelines that the current section in Chapter VI on Adjustments for Selected Special Factors: Additional Dependents can no longer be used. The current Guidelines impose an additional financial burden on the non-custodial parent each time the custodial parent brings children from other relationships into their home to live, i.e., child(ren) from new or old relationships, natural or adopted. The current Guidelines allow the courts to increase the non- custodial parent's child-support obligations if the custodial parent has remarried and there are additional dependents from that new relationship. The current Guideline is unfair and requires guidance from the law on Child Support Guidelines in order to make it clear that the courts are not allowed to make any adjustments for additional dependents. FISCAL NOTE None CONTACT: NAME: Senator Sorensen PHONE: 332-1319 STATEMENT OF PURPOSE/ FISCAL NOTE S 1376