584-15 Judgment or order. (a) The judgment or order of the court determining the existence or nonexistence of the parent and child relationship shall be determinative for all purposes.

(b) If the judgment or order of the court is at variance with the child's birth certificate, the court shall order that a new birth certificate be issued under section 584-23.

(c) The judgment or order may contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and guardianship of the child, visitation privileges with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. Upon neglect or refusal to give this security, or upon default of the father or the father's surety in compliance with the terms of the judgment, the court may order the forfeiture of any such security and the application of the proceeds thereof toward the payment of any sums due under the terms of the judgment and may also sequester the father's personal estate, and the rents and profits of the father's real estate, and may appoint a receiver thereof, and may cause the father's personal estate, including any salaries, wages, commissions, or other moneys owed to him and the rents and profits of his real estate, to be applied toward the meeting of the terms of the judgment, to the extent that the court, from time to time, deems just and reasonable. The judgment or order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement, including but not limited to medical insurance premiums, such as for MedQuest, which cover the periods of pregnancy, childbirth, and confinement. The court may further order the noncustodial parent to reimburse the custodial parent, the child, or any public agency for reasonable expenses incurred prior to entry of judgment, including support, maintenance, education, and funeral expenses expended for the benefit of the child.

(d) Support judgment or orders ordinarily shall be for periodic payments which may vary in amount. In the best interest of the child, a lump sum payment or the purchase of an annuity may be ordered in lieu of periodic payments of support. The court may limit the father's liability for past support of the child to the proportion of the expenses already incurred that the court deems just.

(e) In determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, a court enforcing the obligation of support shall use the guidelines established under section 576D-7. Provision may be made for the support, maintenance, and education of an adult or minor child and an incompetent adult child, whether or not the petition is made before or after the child has attained the age of majority.

(f) Whenever a parent of a child is a minor, unmarried, and not able to provide full support, the court may order one or both parents of the minor to support the child until the minor reaches the age of majority, is otherwise emancipated, or is financially able to fully support the child, whichever occurs first. For this purpose:

(1) The judgment or order for support shall be made against the parent or parents of the minor to the extent that the minor is unable to support the child;

(2) The resources, standard of living, and earning ability of the parent or parents of the minor shall be considered under subsection (d) in determining the amount of support; and

(3) The parent or parents of the minor shall be an obligor under this chapter and chapter 571 and any action against the obligor to collect support may be pursued against the parent or parents of the minor. [L 1975, c 66, pt of 1; am L 1986, c 235, 1 and c 332, 21; am L 1990, c 133, 1; am L 1995, c 107, 1; am L 1997, c 294, 7]

 

Rules of Court

 

Decrees and orders, see Hawaii Family Court Rules, part A(VII).

 

Case Notes

 

Order adjudging paternity but reserving child support, custody, and other matters is not final and appealable. 5 H. App. 610, 704 P.2d 940 (1985).

In determining support award, court should not rely on only one or two factors to exclusion of others. Court abused its discretion in making child support award. 6 H. App. 629, 736 P.2d 448 (1987).

Assuming arguendo that 571-52.5 and this section embrace the same subject matter, it cannot be said as a matter of statutory construction that the former ousts the latter in the matter of past child support; subsection (d) affords the court discretion to limit past child support to a proportion of the expenses already incurred on behalf of the child that it deems just. 98 H. 58 (App.), 41 P.3d 720 (2001).

In paternity proceedings, the child support enforcement agency may not obtain a judgment for an amount of money unless and until it proves payment by the department of human services of at least that amount to or for the benefit of the child. 105 H. 79 (App.), 93 P.3d 1186 (2004).

Notwithstanding 346-37.1(b) and subsection (e), when read together, the statutes do not create a 346-37.1 "debt due and owing to the department of human services by the natural or adoptive parent or parents who are responsible for support of such children" in the amount calculated in accordance with the applicable child support guidelines. 105 H. 79 (App.), 93 P.3d 1186 (2004).

Mentioned: 85 H. 108 (App.), 937 P.2d 949 (1997).

 

 

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