support; conforming changes
DP |
Committee on Human Services |
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DPA |
Committee on Judiciary |
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DPA |
Caucus and COW |
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DPA |
Third Read |
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DPA |
As Passed the House |
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As Transmitted to the Governor |
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SB 1028 modifies the timeframe a petitioner has to pay fees related to transferring postadjudication proceedings and makes various technical and conforming changes. Additionally, SB 1028 provides for the automatic termination of a child support order when an obligee and obligor marry each other.
The Child Support Coordinating Council Subcommittee (Subcommittee), within the Child Support Enforcement and Domestic Relations Reform Committee (Committee) was created to coordinate and review plans of various state agencies and make recommendations quarterly to the Committee regarding child support enforcement and related issues. Within the Subcommittee exists a statute cleanup workgroup, which during 2001 was appointed to recommend improvements to existing child support statutes in the 2002 legislative session. SB 1028 reflects the recommendations of the workgroup by changing the amount of time a petitioner has to pay postadjudication fees when a proceeding transfers to another county, conforms statute, and makes technical changes.
· Allows support payments to be modified or terminated when a change in health insurance occurs.
· Stipulates that termination of support payments are effective on the first day of the month following petition notice for modification.
· Requires a petitioner who requests a transfer of a proceeding to pay the related fee within 10 days after the date the court clerk mails the notice of the requirement to pay the postadjudication fee.
· Eliminates the provision allowing a support payment not received within 10 days of required date may be enforced by all civil remedies provided by law.
· Prohibits a modification and termination order to be effective retroactive to the petition filing date.
· Permits a party who has not received the support payments to request a judgement of arrearages and an affidavit.
· Provides for automatic termination of a child support order if the obligee and obligor marry one another and specifies that arrearages do not accrue after the marriage date.
· Allows the obligee, obligor or DES in prescribed cases to file a request or stipulation to terminate or modify an existing order of assignment.
· Makes technical and conforming changes.
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45th Legislature
Second Regular Session 2 May
29, 2002
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