Bill Text: HI SB714 | 2016 | Regular Session | Introduced
Bill Title: Child Support; Adult Child; Post-high School Education
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-01-21 - Re-Referred to HMS, JDL. [SB714 Detail]
Download: Hawaii-2016-SB714-Introduced.html
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THE SENATE |
S.B. NO. |
714 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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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. Section 580-47, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Upon granting a divorce, or
thereafter if, in addition to the powers granted in subsections (c) and (d),
jurisdiction of those matters is reserved under the decree by agreement of both
parties or by order of court after finding that good cause exists, the court
may make any further orders as shall appear just and equitable (1) compelling
the parties or either of them to provide for the support, maintenance, and
education of the children of the parties; (2) compelling either party to
provide for the support and maintenance of the other party; (3) finally
dividing and distributing the estate of the parties, real, personal, or mixed,
whether community, joint, or separate; and (4) allocating, as between the
parties, the responsibility for the payment of the debts of the parties whether
community, joint, or separate, and the attorney's fees, costs, and expenses
incurred by each party by reason of the divorce. In making these further
orders, the court shall take into consideration: the respective merits of the
parties, the relative abilities of the parties, the condition in which each
party will be left by the divorce, the burdens imposed upon either party for
the benefit of the children of the parties, the concealment of or failure to
disclose income or an asset, or violation of a restraining order issued under
section 580-10(a) or (b), if any, by either party, and all other circumstances
of the case. In establishing the amounts of child support, the court shall use
the guidelines established under section 576D-7. If an adult child no
longer resides full-time with the custodial parent and support is ordered to
provide for the financial support of the child, both parents shall be required
to pay child support and the guidelines established under section 576D‑7
shall be used to determine each parent's portion of the financial support
obligation. Provision may be made for the support, maintenance, and
education of an adult or minor child and for the support, maintenance, and
education of an incompetent adult child [whether or not] if the
petition is made before [or after] the child has attained the age of
majority[.]; provided that in cases of hardship shown by clear and
convincing evidence a petition may be made for support for an adult child until
the adult child turns twenty-one years old. In those cases where child
support payments are to continue due to the adult child's pursuance of
education, the agency, three months prior to the adult child's nineteenth birthday,
shall send notice by regular mail to the adult child and the custodial parent
that prospective child support will be suspended unless proof is provided by
the custodial parent or adult child to the child support enforcement agency,
prior to the child's nineteenth birthday, that the child is presently enrolled
as a full-time student in school or has been accepted into and plans to attend
as a full-time student for the next semester a post-high school university,
college, or vocational school. If the custodial parent or adult child fails to
do so, prospective child support payments [may] shall be
automatically suspended by the child support enforcement agency, hearings
officer, or court upon the child reaching the age of nineteen years[.] unless
good cause is shown. In addition, if applicable, the agency, hearings
officer, or court may issue an order terminating existing assignments against
the responsible parent's income and income assignment orders. Any child
support payment made for the benefit of an adult child over the age of nineteen
due to the adult child's pursuance of education, provided the adult child is
not incompetent, shall be paid directly to the adult child. Child support for
an adult child, provided the adult child has not been deemed incompetent, shall
be terminated if the adult child is not presently enrolled as a full-time
student in a post-high school university, college, post-secondary, or
vocational school with no plans to attend as a full-time student for the next
immediate semester. An adult child shall supply to the payor of child support
proof of the adult child's full-time enrollment within fourteen days of receipt
of a written request by the payor of the child support. If the adult child
fails to provide the required proof of enrollment, a court shall terminate
child support unless good cause is shown. A payor of child support may have
access to the adult child's current enrollment records at any post-secondary
educational establishment so long as the payor continues to pay child support
for the adult child.
In addition to any other relevant factors considered, the court, in ordering spousal support and maintenance, shall consider the following factors:
(1) Financial resources of the parties;
(2) Ability of the party seeking support and maintenance to meet his or her needs independently;
(3) Duration of the marriage;
(4) Standard of living established during the marriage;
(5) Age of the parties;
(6) Physical and emotional condition of the parties;
(7) Usual occupation of the parties during the marriage;
(8) Vocational skills and employability of the party seeking support and maintenance;
(9) Needs of the parties;
(10) Custodial and child support responsibilities;
(11) Ability of the party from whom support and maintenance is sought to meet his or her own needs while meeting the needs of the party seeking support and maintenance;
(12) Other factors which measure the financial condition in which the parties will be left as the result of the action under which the determination of maintenance is made; and
(13) Probable duration of the need of the party seeking support and maintenance.
The court may order support and maintenance to a party for an indefinite period or until further order of the court; provided that in the event the court determines that support and maintenance shall be ordered for a specific duration wholly or partly based on competent evidence as to the amount of time which will be required for the party seeking support and maintenance to secure adequate training, education, skills, or other qualifications necessary to qualify for appropriate employment, whether intended to qualify the party for a new occupation, update or expand existing qualification, or otherwise enable or enhance the employability of the party, the court shall order support and maintenance for a period sufficient to allow completion of the training, education, skills, or other activity, and shall allow, in addition, sufficient time for the party to secure appropriate employment."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Child Support; Adult Child; Post-high School Education
Description:
Requires both parents to pay child support if financial support for a child is ordered by the court and the child no longer resides full-time with the custodial parent. Requires a petition for child support be made prior to the child reaching the age of majority unless there is clear and convincing evidence of hardship. Mandates the suspension of child support payments for an adult child when the child turns nineteen if the custodial parent or adult child fails to provide proof the child is enrolled as a full-time student in school or has been accepted into and plans to attend as a full-time student for the upcoming semester. Establishes that child support payments for an adult child who is pursuing education must be paid directly to the adult child. Determines child support for an adult child pursuing education shall end if the adult child is not enrolled full-time or does not plan to attend full-time the upcoming semester or if the adult child fails to provide the payor with proof of full-time enrollment within fourteen days of the payor's request. Grants payors of child support access to the adult child's enrollment records at post-secondary educational establishments.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
