Report Title:

[Click here and type Report Title (1 line limit)]

Description:

[Click here and type Description (5 line limit)]

HOUSE OF REPRESENTATIVES

H.B. NO.

2432

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO DIRECT PAYMENT OF CHILD SUPPORT.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 576D-10, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The court [or office] may approve an alternative arrangement for the direct payment of child support where either:

(1) The obligor or custodial parent demonstrates and the court [or office] finds that there is good cause not to require immediate withholding; or

(2) A written agreement is reached between the obligor and the custodial parent and signed by both parties;

provided that in either case where child support has been ordered previously, an alternative arrangement for direct payment shall be approved only where the obligor provides proof of the timely payment of previously ordered support. For purposes of this section, good cause to approve an alternative arrangement shall be based upon a determination by the court [or office], either in writing or on the record, that implementing income withholding would not be in the best interests of the child. Such a determination shall include a statement setting forth the basis of the court's [or office's] conclusion."

SECTION 2. Section 576E-10, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) In exercising the powers conferred upon the attorney general in section 576E-2, the hearings officers shall have the authority to conduct hearings and enter the following orders:

(1) Child support orders which have the effect of modifying, suspending, terminating, or enforcing the child support provisions of orders of the family courts;

(2) Child support orders establishing, modifying, suspending, terminating, or enforcing child support obligations;

(3) Orders enforcing the collection of spousal support when child support is being established, modified, or enforced;

(4) Income withholding orders pursuant to section 576E-16;

(5) Automatic income assignment orders pursuant to sections 571-52.2 and 576D-14;

(6) Interstate income withholding orders pursuant to chapter 576B;

(7) State income tax refund setoff orders pursuant to section 231-54;

(8) Orders determining whether Aid to Families with Dependent Children pass through payments were properly distributed;

(9) Orders determining whether a party should be required to post bond in order to secure payment of past due support pursuant to section 576D-6;

(10) Medical insurance coverage orders;

(11) Orders suspending or denying the granting, the renewal, the reinstatement, or the restoration of licenses or applications of an obligor or individual for noncompliance with an order of support or failure to comply with a subpoena or warrant relating to a paternity or child support proceeding, and authorizations allowing the reinstatement of suspended licenses or consideration of license applications pursuant to section 576D-13;

(12) Orders concerning whether a responsible parent's child support obligation should be reported to consumer credit reporting agencies pursuant to chapter 576D;

[(13) Orders permitting alternative arrangements pursuant to section 576D-10;] and

[(14)] (13) Orders in other child support areas as authorized by the attorney general."

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.

INTRODUCED BY:

_____________________________