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S1419.................................................by HEALTH AND WELFARE CHILD SUPPORT - PAYMENTS - Amends existing law to provide that in child support actions a court may credit payments against the accrued support owing if certain circumstances occur. 02/11 Senate intro - 1st rdg - to printing 02/12 Rpt prt - to Health/Wel 02/18 Rpt out - rec d/p - to 2nd rdg 02/19 2nd rdg - to 3rd rdg 02/25 3rd rdg - PASSED - 33-0-2 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams NAYS -- None Absent and excused -- Dunklin, Noh Floor Sponsor - King-Barrutia Title apvd - to House 02/26 House intro - 1st rdg - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1419 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO MODIFICATION OF PROVISIONS FOR MAINTENANCE AND SUPPORT; AMENDING 3 SECTION 32-709, IDAHO CODE, TO PROVIDE THAT SPECIAL CIRCUMSTANCES OF AN 4 EQUITABLE NATURE MAY JUSTIFY A COURT CREDITING PAYMENTS OWING WHEN THAT 5 CAN BE DONE WITHOUT INJUSTICE TO THE ONE TO WHOM THE DIVORCE DECREE 6 DIRECTED THE INSTALLMENTS BE PAID AND TO PROVIDE THE CIRCUMSTANCES; AND 7 DECLARING AN EMERGENCY. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 32-709, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 32-709. MODIFICATION OF PROVISIONS FOR MAINTENANCE AND SUPPORT. (1.) The 12 provisions of any decree respecting maintenance or support may be modified 13 only as to installments accruing subsequent to the motion for modification and 14 only upon a showing of a substantial and material change of circumstances. 15 (2) Special circumstances of an equitable nature, however, may justify a 16 court crediting payments against the accrued support owing when that can be 17 done without injustice to the one to whom the divorce decree directed the 18 installments be paid. These circumstances include: 19 (a) Whether the noncustodial parent: 20 (i) Intended the expenditures for care to be in satisfaction of 21 child support, 22 (ii) Exerted undue influence over the child to obtain or retain cus- 23 tody, 24 (iii) Continued to retain custody as a form of retribution; 25 (b) Whether the custodial parent: 26 (i) Was willing and able to provide necessary care for the child, 27 (ii) Expressly or impliedly consented to the noncustodial parent's 28 continued custody of the child, 29 (iii) Was relieved of any or all of the reasonable expenses of child 30 support while the child was in the custody of the noncustodial par- 31 ent; 32 (c) The length of time the child was in the custody of the noncustodial 33 parent; and 34 (d) Whether a compelling reason exists requiring the noncustodial parent 35 not only to pay for the child's care while in that parent's custody, but 36 also to comply with the support order to make child support payments to 37 the custodial parent. 38 SECTION 2. An emergency existing therefor, which emergency is hereby 39 declared to exist, this act shall be in full force and effect on and after its 40 passage and approval.
STATEMENT OF PURPOSE RS 12004 The Washington State Supreme Court has held that, in determining whether to allow credit against accrued child support obligation of a non-custodial parent, the trial court should consider several factors. It should determine whether the noncustodial parent: 1) Intended that the expenditures for care of the children satisfy the child support obligation. 2) Exerted undue influence over the children to obtain or retain custody. 3) Used custody as a form of retribution. 4) Had custody with the expressed or implied consent of the custodial parent. 5) Had custody because the custodial parent was unwilling or unable to provide the necessary care. 6) Had the child or children for a significant period of time, not otherwise court ordered. Further, the court should consider whether there is a compelling reason for requiring the non-custodial parent to comply with the child support order, as well as, to have actual custody and care of the child or children. The Washington statute, RCW26.09.17, is substantially identical to the Idaho statute, 32-709, Idaho Code. The purpose of this amendment to the Idaho statute is to obtain clarity and fairness. FISCAL IMPACT There should be no fiscal impact to state or local governments. Contact Name: Chris Bray Phone: (208) 854-1144 STATEMENT OF PURPOSE/FISCAL NOTE S 1419