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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 - 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.
|||| 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.".
|||| 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
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