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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
H0418|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 418 BY MR. SPEAKER Requested by: Department of Health and Welfare 1 AN ACT 2 RELATING TO CHILD SUPPORT; AMENDING SECTION 32-706, IDAHO CODE, TO CLARIFY 3 AUTHORITY OF THE SUPREME COURT TO ESTABLISH AND MODIFY CHILD SUPPORT 4 GUIDELINES; REPEALING SECTION 32-706A, IDAHO CODE; AND PROVIDING AN EFFEC- 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; 2 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
RS09324
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.
CONTACT
Name: Tamara Prisock
Agency: Dept. of Health and Welfare
Phone: 334-5815
Statement of Purpose/Fiscal Impact H0418