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1995 SESSION

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HB 1259 Child support.

Introduced by: J. Randy Forbes (by request) | all patrons    ...    notes | add to my profiles

SUMMARY:

Child support. Makes several changes to the methods by which the amount of child support is determined. The bill requires the court to order a modification of child support whenever an arrearage exists and provides that the modification may be retroactive to the date of involuntary unemployment. In determining the amount of child support the court is to use new worksheets and must consider visitation arrangements for the children. In imputing income, the court is directed to look at the three immediately preceding years. Extraordinary medical or dental expenses and child care expenses are eliminated as factors to be considered. The standard of living the court must consider is that of the parties at the time of the determination rather than the family standard of living during the marriage, as is the case under current law. The court must also consider current economic conditions. The bill requires each parent to provide for the cost of transporting a child from the other parent upon an exchange of custody or visitation. The guidelines are relabeled as "presumptive schedule of monthly support." The court is specifically precluded from entering a support order which impairs the noncustodial parent's ability to maintain minimal adequate housing and provide other basic necessities. The total amount of support to be paid is capped at one-half of the payor's gross monthly income. The definition of gross income is modified to include a deduction for amounts paid as support for other children. Costs of health care coverage can no longer be added to the basic monthly obligation. The shared custody rules are made to apply whenever visitation is allowed for more than 110 days per year and a day is defined to be more than twelve hours.


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