2002 Legislation
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SENATE BILL NO. 1419 – Child support pmts credited, when

SENATE BILL NO. 1419

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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-
 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 / Fiscal Impact


	               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