2000 Legislation
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SENATE BILL NO. 1376, As Amended, As Amended – Child support guidelines

SENATE BILL NO. 1376, As Amended, As Amended

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Daily Data Tracking History



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

Bill Text


 S1376
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN 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.

Amendment


 AS1376
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved 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 / Fiscal Impact


     
     
                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