View Daily Data Tracking History
View Bill Text
View Amendment
View Statement of Purpose / Fiscal Impact
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 - 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.
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
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