Bill Text: HI SB1092 | 2020 | Regular Session | Introduced
Bill Title: Relating To Child Support.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-12-01 - Carried over to 2020 Regular Session. [SB1092 Detail]
Download: Hawaii-2020-SB1092-Introduced.html
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THE SENATE |
S.B. NO. |
1092 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to child support.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 576D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§576D- Travel restrictions. (a)
Upon a determination that an obligor is not in compliance with an order
of support as defined in section 576D-1 or that an individual failed to comply
with a subpoena or warrant relating to a paternity or child support proceeding,
the agency shall serve notice upon the obligor or individual of the agency's
intent to certify the obligor or individual as noncompliant with an order of
support or a subpoena or warrant relating to a paternity or child support
proceeding, which shall direct the appropriate court or other agency with
respect to contempt or other appropriate proceedings authority to prohibit the
obligor or individual from traveling outside of the State until such time that
the agency certifies the obligor or individual is in compliance with the order
of support.
(b) The notice shall be sent by regular mail to
the address of record of the obligor or individual as shown in the agency's child
support record. The notice shall contain
the following information:
(1) The name,
social security number, if available, date of birth, if known, and each
applicable child support case number or numbers of the obligor or individual;
(2) The amount of
the arrears, the amount of the monthly child support obligation, and reference
to the support order upon which the support amount and arrears are based or the
subpoena or warrant that the individual has failed to comply with;
(3) A statement
that the obligor or individual may contest the travel restriction by requesting
a hearing in writing within thirty days of the date of service of the notice of
intent to prohibit travel outside of the State;
(4) A statement
that the obligor may contact the agency in writing within thirty days of the
date of service of the notice and enter into a monthly payment agreement for
the arrears owed, and if an agreement is entered into within thirty days of
making contact with the agency, the agency shall not pursue the travel
restriction;
(5) A statement
that an individual not in compliance with a subpoena or warrant relating to a
paternity or child support proceeding may contact the agency in writing within
thirty days of the date of service of the notice and enter into an agreement to
provide the information or appear at the proceedings, and if so, the agency
shall not pursue the travel restriction; and
(6) A statement
that if the obligor or individual makes a timely request as specified in
paragraph (3), the agency shall stay the action until a decision is made.
(c) The agency shall certify in writing to the appropriate
court or other agency with respect to contempt that the obligor is not in
compliance with an order of support, or that the individual is not in compliance
with a subpoena or warrant relating to a paternity or child support proceeding,
and shall authorize the immediate restriction of travel outside of the State if
the obligor or individual:
(1) Fails to
contact the agency in writing within thirty days of the date of service of the
notice;
(2) Is not in
compliance with an order of support, or failed to comply with a subpoena or
warrant relating to a paternity or child support proceeding, and does not
timely enter into an agreement under subsection (d); or
(3) Is delinquent
in making periodic payments on a support arrearage pursuant to a written
agreement with the child support enforcement agency under subsection (d).
The agency shall provide a copy
of the certification to the obligor or individual. Upon receipt of the certification, the appropriate
court or other agency with respect to contempt shall prohibit the obligor or
individual from traveling outside of the State.
Notwithstanding the provisions of any other law to the contrary,
restricting travel outside of the State shall be implemented by the appropriate
court or other agency with respect to contempt and continue in effect until the
appropriate court or other agency with respect to contempt receives a written
release of suspension or denial from the agency, the office of child support
hearings, or the family court.
(d) The obligor may enter into a payment
agreement with the agency if the obligor makes contact with the agency within
thirty days of the date of service of the notice, or the individual may either
enter into an agreement to provide the information requested in the subpoena or
appear at the proceeding required by the warrant.
(e) If the obligor or the individual requests an
administrative hearing in writing within thirty days of the date of service of
the notice as provided in subsection (b), the office shall schedule a hearing
to determine whether the obligor is not in compliance with a support order or
whether the individual is not in compliance with a subpoena or warrant relating
to a paternity or child support proceeding.
The hearing shall be conducted in accordance with chapters 91 and
576E. The issues before the hearings
officer shall be limited to whether the obligor is in compliance with an order
of support or whether the individual is in compliance with a subpoena or
warrant relating to a paternity or child support proceeding. The hearings officer shall issue a written
decision within ten days of the hearing.
If the hearings officer decides that the obligor is not in compliance
with a support order or that the individual is not in compliance with a
subpoena or warrant relating to a paternity or child support proceeding, the
obligor or individual shall be prohibited from traveling outside of the State.
(f) The decision of the hearings officer shall be
final and shall be subject to judicial review as provided in chapter 91. Any travel restriction under this section
shall not be stayed pending judicial review.
(g) Upon receipt of the decision of the hearings
officer that the obligor is not in compliance with a support order or that the
individual is not in compliance with a subpoena or warrant relating to a
paternity or child support proceeding, the agency shall certify in writing to
the appropriate court or other agency with respect to contempt that the obligor
is not in compliance with an order of support, or that the individual is not in
compliance with a subpoena or warrant relating to a paternity or child support
proceeding, and shall authorize the immediate prohibition of travel outside of
the State by the obligor or individual.
The agency shall provide a copy of the certification to the obligor or
individual. Upon receipt of the
certification, the appropriate court or other agency with respect to contempt shall
prohibit the obligor or individual from traveling outside of the State. Notwithstanding any law to the contrary, a
certification issued by the agency restricting the travel of the obligor or
individual shall be implemented by the appropriate court or other agency with
respect to contempt and continue in effect until the appropriate court or other
agency with respect to contempt receives a written release of suspension or
denial from the agency, the office of child support hearings, or the family
court.
(h) When the conditions that resulted in the travel
restriction no longer exist, the agency shall provide the obligor or individual
with written confirmation that the obligor is in compliance with the order of
support or that the individual is in compliance with the subpoena or warrant
relating to a paternity or child support proceeding, and the agency, office, or
the family court shall issue an authorization canceling the certification in
writing to the appropriate court or other agency with respect to contempt.
(i) The agency shall adopt rules necessary for the implementation and administration of this section. The appropriate court or other agency with respect to contempt shall adopt rules necessary for the implementation and administration of this section.
(j) For purposes of this section, "date of service" means two days following the date of mailing."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Child Support; Delinquency; Travel Restriction
Description:
Provides due process by which the child support enforcement agency may restrict an obligor who is not in compliance with an order of support or individual who is not in compliance with a subpoena or warrant relating to a paternity or child support proceeding, from traveling outside of the State.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
