Select a different bill



SB 0483 - Child Support; revise certain definitions; process of calculating; provisions

Tracking Level: Passed
Sponsor: Harp,Seth 29th
Last Action: 5/6/2008 - Senate Date Signed by Governor
Senate Committee: JUDY
House Committee: Judy
Assigned To:
05. Superior CourtsNext Bill
07. Juvenile CourtsNext Bill
08. Probate CourtsNext Bill

Staff Analysis of the Legislation

SB 483 addresses child support in final verdict or decree, the guidelines for determining the amount of child support awarded, and the duration of support.  Revised certain definitions and clarified that the final child support order shall be the presumptive amount of child support as increased or decreased by deviations.  In addition, any benefits which the child receives on the obligor’s account under Title II of the federal Social Security Act shall be applied against the final child support order.  Addresses that the guidelines are applicable to Domestic Violence Twelve Month Protective Orders as temporary orders and the court and parties shall not be obligated to attach the Child Support Worksheet and Schedule E to the final court order.  The award of the child’s health insurance coverage is now mandatory rather than discretionary, if the insurance is reasonably available at reasonable cost.  Clarifies which military benefits are considered attributable income and identifies those benefits that are excluded for the various branches of service.  Except as determined by the court or jury, military special pay or incentive pay, allowances for clothing or family separation, and reimbursed expenses related to the parent’s assignment to a high cost of living location shall not be considered income for the purpose of determining gross income.  When cases with established orders are reviewed for modification and a parent fails to produce reliable evidence of income, and the court or jury has no other reliable evidence of that parent’s income or income potential, the court or jury may enter an order to increase the child support of that parent by an increment of 10 percent per year of such parent’s gross income for each year since the final child support order was entered.  The court may allow, upon motion, the temporary modification of a child support order pending the final trial on the petition. An order granting temporary modification shall be subject to revision by the court at any time before the final trial.  The roll of the jury was clarified that the court, rather than the jury, determines adjusted income, health insurance cost for the child and work related child care expenses.


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text