Report Title:

Child Support

 

Description:

Allows the administrator of the child support enforcement agency to modify existing court orders in specific circumstances.

 

THE SENATE

S.B. NO.

232

TWENTY-FIRST LEGISLATURE, 2001

 

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-   Modification of court orders. (a) The administrator of the agency may modify a custody order under section 571-46 or a support order under section 580-47, or both, as appropriate, for any case that has been assigned to the agency under section 571-52.2, if:

(1) A child, who meets the requirements of section 571-46(3), desires to live with the non-custodial parent, and:

(A) The custodial parent agrees to the noncustodial parent having custody;

(B) The custodial and noncustodial parents mutually agree on visitation rights; and

(C) The child is assured of receiving adequate child support; or

(2) The custodial parent is deceased, and:

(A) The child is being cared for by the noncustodial parent; and

(B) The noncustodial parent pledges by affidavit to apply any child support that the noncustodial parent was making, if any, to the support of the child.

(b) A modification of an order under subsection (a) shall be made upon a standard form approved by the court.

(c) Court approval of a modification of an order under subsection (a) shall not be required; provided that the child support enforcement agency shall promptly furnish the court with a copy of the modification; and provided further that the court may:

(1) Hold a hearing on the modification of the order at any time; and

(2) Amend the modification of the order pursuant to a hearing.

(d) A modification of an order under this section shall have the same force and effect as an order of the court."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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