Bill Text: HI SB1092 | 2020 | Regular Session | Introduced

Hawaii Senate Bill 1092 (Prior Session Legislation)

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

THE SENATE	S.B. NO.	1092
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

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.

INTRODUCED BY:	_____________________________

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.