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S1115aaH.............................................by JUDICIARY AND RULES CHILD SUPPORT ARREARAGE - CREDIT - Amends existing law to provide that the court may allow a credit against child support arrearages for periods of time exceeding one hundred twenty days during which the minor children have lived primarily with the obligated parent, with the knowledge and consent of the custodial parent. 02/13 Senate intro - 1st rdg - to printing 02/14 Rpt prt - to Jud 02/20 Rpt out - rec d/p - to 2nd rdg 02/21 2nd rdg - to 3rd rdg 02/24 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai(Ellis), Marley, McKenzie, McWilliams, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Noble Floor Sponsor - Burkett Title apvd - to House 02/25 House intro - 1st rdg - to Jud 03/20 Rpt out - to Gen Ord 03/24 Rpt out amen - to 1st rdg as amen 03/25 1st rdg - to 2nd rdg as amen 03/26 2nd rdg - to 3rd rdg as amen 03/28 3rd rdg as amen - PASSED - 67-0-3 AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bieter, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest(Bray), Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, Meyer, Miller, Mitchell, Moyle, Nacarrato, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Bell, Ellsworth, McKague Floor Sponsors - Bieter & Sali Title apvd - to Senate 03/31 Senate concurred in House amens - to engros 04/01 Rpt engros - 1st rdg - to 2nd rdg as amen 04/02 2nd rdg - to 3rd rdg as amen 04/03 3rd rdg as amen - PASSED - 33-0-2 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Goedde, McWilliams Floor Sponsor - Burkett Title apvd - to enrol 04/04 Rpt enrol - Pres signed 04/07 Sp signed - To Governor 04/08 Governor signed Session Law Chapter 246 Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE SENATE SENATE BILL NO. 1115 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO MODIFICATION OF PROVISIONS FOR MAINTENANCE AND SUPPORT; AMENDING 3 SECTION 32-709, IDAHO CODE, TO PROVIDE THAT THE DECREE IS A FINAL JUDGMENT 4 AS TO ANY INSTALLMENT OR PAYMENT OF MONEY THAT HAS ACCRUED UP TO THE TIME 5 EITHER PARTY MAKES A MOTION TO SET ASIDE, ALTER OR MODIFY THE DECREE, AND 6 THE COURT DOES NOT HAVE THE POWER TO SET ASIDE, ALTER OR MODIFY SUCH 7 DECREE, OR ANY PORTION THEREOF, THAT PROVIDES FOR ANY PAYMENT OF MONEY, 8 EITHER FOR MINOR CHILDREN OR THE SUPPORT OF A PARTY, THAT HAS ACCRUED 9 PRIOR TO THE FILING OF SUCH MOTION WITH AN EXCEPTION AND TO MAKE A TECHNI- 10 CAL CORRECTION. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 32-709, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 32-709. MODIFICATION OF PROVISIONS FOR MAINTENANCE AND SUPPORT. (1.) The 15 provisions of any decree respecting maintenance or support may be modified 16 only as to installments accruing subsequent to the motion for modification and 17 only upon a showing of a substantial and material change of circumstances. 18 (2) The decree is a final judgment as to any installment or payment of 19 money that has accrued up to the time either party makes a motion to set 20 aside, alter or modify the decree, and the court does not have the power to 21 set aside, alter or modify such decree, or any portion thereof, that provides 22 for any payment of money, either for minor children or the support of a party, 23 that has accrued prior to the filing of such motion. However: 24 (a) The court may allow a credit against child support arrearages for 25 periods of time, excluding reasonable parenting time unless otherwise pro- 26 vided by order or decree, during which the obligated parent has physical 27 custody of the child with the knowledge and consent of the custodial par- 28 ent.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003Moved by Bieter Seconded by Sali IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO S.B. NO. 1115 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, delete lines 18 through 28 and insert: 3 "(2) The court may allow a credit against child support arrearages for 4 periods of time exceeding one hundred twenty (120) days during which the minor 5 children have lived primarily with the obligated parent with the knowledge and 6 consent of the custodial parent.". 7 CORRECTION TO TITLE 8 On page 1, delete lines 3 through 10 and insert: "SECTION 32-709, IDAHO 9 CODE, TO PROVIDE THAT THE COURT MAY ALLOW A CREDIT AGAINST CHILD SUPPORT 10 ARREARAGES FOR PERIODS OF TIME EXCEEDING ONE HUNDRED TWENTY DAYS DURING WHICH 11 THE MINOR CHILDREN HAVE LIVED PRIMARILY WITH THE OBLIGATED PARENT WITH THE 12 KNOWLEDGE AND CONSENT OF THE CUSTODIAL PARENT AND TO MAKE A TECHNICAL CORREC- 13 TION.".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE SENATE SENATE BILL NO. 1115, As Amended in the House BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO MODIFICATION OF PROVISIONS FOR MAINTENANCE AND SUPPORT; AMENDING 3 SECTION 32-709, IDAHO CODE, TO PROVIDE THAT THE COURT MAY ALLOW A CREDIT 4 AGAINST CHILD SUPPORT ARREARAGES FOR PERIODS OF TIME EXCEEDING ONE HUNDRED 5 TWENTY DAYS DURING WHICH THE MINOR CHILDREN HAVE LIVED PRIMARILY WITH THE 6 OBLIGATED PARENT WITH THE KNOWLEDGE AND CONSENT OF THE CUSTODIAL PARENT 7 AND TO MAKE A TECHNICAL CORRECTION. 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) The court may allow a credit against child support arrearages for 16 periods of time exceeding one hundred twenty (120) days during which the minor 17 children have lived primarily with the obligated parent with the knowledge and 18 consent of the custodial parent.
STATEMENT OF PURPOSE RS12983 There are frequent instances where the parent who is ordered to pay child support, is asked by the custodial parent to assume the care and support of the child. Too often, after years have gone by, the custodial parent has successfully sued to enforce the child support obligation even though the custodial parent didn't care for the child. The present law, set forth in Sec. 32- 709(1), Idaho Code can be construed to require payment even under these harsh circumstances. The purpose of RS12983 is to remedy this problem. It will allow a credit to be given against an accrued child support obligation in one limited circumstance. A credit would be allowed for a period of time when the parent who is obligated to pay child support has physical custody of the child with the knowledge and consent of the custodial parent. Last year, S.B. 1419, a bill with the same concept passed the Idaho Senate by a unanimous vote. It did not come up for a vote in the House Judiciary and Rules Committee before the session ended . RS12983 has been rewritten to clarify that the finality of a child support judgment is not affected. It further clarifies that granting a credit in this one limited circumstance does not modify, alter, or set aside the terms of the decree. The language of RS12983 is the same as is established by the State of Oregon in Sec.107.135 (6) (a)O.R.S. FISCAL IMPACT There should be no fiscal impact to state or local governments. Contact Name: Chris Bray Phone:(208)854-1144 Fax: (208) 854-1133 STATEMENT OF PURPOSE/FISCAL NOTE S 1115