Print Friendly SENATE BILL NO. 1419 – Child support pmts credited, when
SENATE BILL NO. 1419
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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 - 2002
IN 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-
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-
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
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
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
3) Used custody as a form of retribution.
4) Had custody with the expressed or implied consent of the
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
There should be no fiscal impact to state or local governments.
Name: Chris Bray
Phone: (208) 854-1144
STATEMENT OF PURPOSE/FISCAL NOTE S 1419