2003 Legislation
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SENATE BILL NO. 1115 – Child support arrearage/credit/when

SENATE BILL NO. 1115

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN 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.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                                     Moved 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.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN 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 / Fiscal Impact



                       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