Bill Text: HI HR164 | 2013 | Regular Session | Introduced


Bill Title: Task Force on Child Support Responsibility

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2013-03-28 - The committee(s) on HUS recommend(s) that the measure be deferred. [HR164 Detail]

Download: Hawaii-2013-HR164-Introduced.html

HOUSE OF REPRESENTATIVES

H.R. NO.

164

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

HOUSE RESOLUTION

 

 

Requesting the convening of a task force on Child support responsibility.

 

 

 


     WHEREAS, child support orders are issued for the necessary support and maintenance of a child, including monetary support, health care, and other related costs; and

 

     WHEREAS, although child support problems mainly relate to parents who are delinquent in making child support payments, in some cases a custodial parent may cause financial harm to the obligor parent who makes child support payments if the custodial parent fails to responsibly handle the finances involved in supporting the child; and

 

     WHEREAS, the obligor parent responsible for child support payments may sustain financial harm, including negative effects on the parent's credit rating, when, without receiving prior notice or providing consent, they are assigned financial responsibilities by the custodial parent in excess of the terms of the child support order; and

 

     WHEREAS, the potential for a custodial parent to financially harm the obligor parent can add further strain to complicated parent-child relationships; and

 

     WHEREAS, at present, an obligor parent in such situation has little recourse available to resolve such disputes and protect the parent's credit rating without considerable expense and effort; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, that the Chief Justice of the Supreme Court is requested to convene a task force on child support responsibility to:

 

     (1)  Identify specific issues and problems, gauge the degree of prevalence, and quantify the social and financial consequences in child support cases in which the obligor parent may be subject to financial harm from the improper assignment of financial responsibilities by the custodial parent, without the provision of notice or obtainment of consent and in excess of the terms of the child support order; and

 

     (2)  Develop solutions to address the matters identified in paragraph (1), including recommendations to:

 

          (A)  Ensure that child support orders reasonably allow custodial parents to meet their financial obligations;

 

          (B)  Encourage a custodial parent who is having difficulty in financially supporting a child to seek appropriate means of obtaining assistance or other recourse, such as a review and modification of an existing child support order;

 

          (C)  Increase enforcement or penalties to discourage or prevent a custodial parent from resorting to improperly assigning financial responsibility to the obligor parent;

 

          (D)  Expand non-litigious processes and resources for an obligor parent who has been harmed by the improper assignment of financial responsibility by the custodial parent to remedy the harm and avoid any further adverse consequences; and

 

          (E)  Encourage, assist, or require creditors and collection agencies to improve verification of a parent's financial responsibility under a child support order to avoid, or expediently identify and cancel, collection processes commenced in error; and

 

     BE IT FURTHER RESOLVED that the Chief Justice of the Supreme Court is requested to invite the following parties to serve as members of the task force:

 

     (1)  A representative from the family court of any circuit of the State;

 

     (2)  A representative from the Child Support Enforcement Agency within the Department of the Attorney General;

 

     (3)  A representative from the Family Law Section of the Hawaii State Bar Association;

 

     (4)  A representative from the Department of Commerce and Consumer Affairs; and

 

     (5)  Any other individual that the Chief Justice deems appropriate; and

 

     BE IT FURTHER RESOLVED that the task force is requested to report its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the 2014 Regular Session; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chief Justice of the Supreme Court; the Administrative Director of the Courts; the Attorney General; the Administrator of the Child Support Enforcement Agency; the Chair of the Family Law Section of the Hawaii State Bar Association; and the Director of Commerce and Consumer Affairs.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Task Force on Child Support Responsibility

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