Bill Text: HI HB1953 | 2018 | Regular Session | Introduced
Bill Title: Relating To Child Support Orders.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2018-02-01 - The committee(s) on HHS recommend(s) that the measure be deferred. [HB1953 Detail]
Download: Hawaii-2018-HB1953-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1953 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to child support orders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1.
The legislature finds that custodial parents receiving child support
funds from noncustodial parents are fiduciaries with respect to the child
support funds. Therefore, custodial
parents have an obligation to spend funds received in compliance with the child
support order, which courts draft with the best interests of the child in mind. The legislature also finds that while Hawaii
law provides mechanisms to ensure that noncustodial parents pay child support,
there are no similar mechanisms to ensure that custodial parents spend child support
funds in a manner consistent with the child support order.
Studies have shown that a major reason why noncustodial
parents sometimes do not comply with their child support obligations is because
of concerns that custodial parents will not spend the funds in accordance with
the child support orders. Therefore, creating
a mechanism for noncustodial parents to ensure that custodial parents are
spending child support funds properly will promote compliance with child
support orders on the part of both parents.
The purpose of this Act is to ensure that the
best interests of the child are being met by:
(1) Creating a mechanism for the child support enforcement agency, on its own initiative or upon petition by a noncustodial parent, to require a custodial parent to provide evidence that child support funds are being spent in compliance with a child support order; and
(2) Allowing a noncustodial parent to petition the family court to modify a child support order if the custodial parent does not provide evidence of compliance with the order.
SECTION 2. Chapter 576D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§576D- Custodial parent; evidence of compliance. (a)
The agency, upon its own initiative or upon petition by the obligor, may
require a custodial parent to provide evidence to the agency showing that the custodial
parent has expended child support funds in compliance with an order of support.
(b) If the custodial parent refuses or does not
provide evidence of compliance within thirty days of a request made under
subsection (a), the agency shall:
(1) Continue to
collect child support from the obligor pursuant to section 576D-10;
(2) Withhold disbursal
to the custodial parent any portion of the child support funds that are in
dispute by the obligor;
(3) Hold the disputed
funds in trust, pending the outcome of the procedures in subsections (c), (d),
and (e);
(4) Continue to
disburse to the custodial parent the portion of the child support funds that
are not in dispute;
(5) Notify the
obligor of the custodial parent's failure to submit evidence of compliance; and
(6) Notify both the
obligor and the custodial parent that the custodial parent's failure to submit evidence
of compliance:
(A) Qualifies
as a substantial or material change of circumstances; and
(B) Grants
the obligor the right to petition the family court for review and adjustment of
the existing support order.
(c) If the obligor does not file a petition to the
family court within thirty days of the date of the notification provided
pursuant to subsection (b)(6), the agency shall:
(1) Transfer any
child support funds being held in trust in accordance with subsection (b)(3) to
the custodial parent; and
(2) Continue to
disburse to the custodial parent all child support funds collected from the
obligor pursuant to the existing support order.
(d) If the obligor files a petition to the family
court within thirty days of the date of the notification provided pursuant to
subsection (b)(6), the agency shall:
(1) Continue to
collect child support from the obligor pursuant to section 576D-10;
(2) Continue to
disburse to the custodial parent the portion of the child support funds that
are not in dispute;
(3) Withhold disbursal
to the custodial parent any portion of the child support funds that are in
dispute; and
(4) Hold the
disputed funds in trust until the agency receives an order from the family
court regarding the disbursal of the funds.
The agency shall disburse the funds in accordance
with the order within fifteen days of the date of the order."
SECTION 3. Section 571-52.6, Hawaii Revised Statutes, is amended to read as follows:
"§571-52.6 Child support order, judgment, or decree; accident and sickness insurance coverage. Each order, judgment, or decree under this chapter or chapter 576B, 580, or 584 ordering a person to pay child support shall include the following provisions:
(1) Both the obligor
and the obligee are required to file with the state case registry, through the
child support enforcement agency, upon entry of the child support order and to
update as appropriate, information on the identity and location of the party,
including social security number, residential and mailing addresses, telephone
number, driver's license number if different from social security number, and
name, address, and telephone number of the party's employer; [and]
(2) The liability of
that person for accident and sickness insurance coverage when available at
reasonable cost[.];
(3) A
declaration that the obligee shall spend all child support funds
in accordance with the order, judgment, or decree; and
(4) If the obligee
spends any portion of the child support funds in a manner that is not in
accordance with the order, judgment, or decree, the misuse may:
(A) Constitute
a substantial or material change of circumstances that justifies modification
of the order of child support, pursuant to the procedure in section 576D- ; and
(B) Be cause for forfeiture of the misused funds pursuant to an order of the court."
SECTION 4. Section 576D-1, Hawaii Revised Statutes, is amended by amending the definition of "compliance with an order of support" to read as follows:
""Compliance with an order
of support" means that [an]:
(1) An obligor:
[(1)] (A) Is not
delinquent in payments in an amount equal to or greater than the sum of
payments for child support for a three-month period with regard to driver's
licenses and recreational licenses and a six-month period with regard to
professional and vocational licenses; or
[(2)] (B) Has obtained
or maintained health insurance coverage as required by a child support order[.];
or
(2) A custodial
parent's expenditure of child support funds are in compliance with the terms of
a child support order."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED
BY: |
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Report Title:
Child Support; Enforcement; Evidence of Compliance; Modification
Description:
Allows
the child support enforcement agency, at the request of a noncustodial parent or
on its own initiative, to require a custodial parent to provide evidence that child
support funds are being spent in compliance with an order of support. Allows a noncustodial parent to petition the
family court for modification of a child support order if the custodial parent
does not provide the requested evidence.
Requires the child support enforcement agency to hold the portion of disputed
child support funds in trust pending the final disposition of the petition.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
