Report Title:

Child Support Enforcement

 

Description:

Allows Child Support Enforcement Agency to lien assets transferred to a third party by obligor to avoid a lien arising from delinquency in payments; establishes conclusive presumption of avoidance if obligor is more than 3 consecutive months delinquent in payments at time of transfer.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

2064

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CHILD SUPPORT ENFORCEMENT.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 576D-10.5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) Whenever any obligor through judicial or administrative process in this State or any other state has been ordered to pay an allowance for the support, maintenance, or education of a child, or for the support and maintenance of a spouse or former spouse in conjunction with child support, and the obligor becomes delinquent in those payments, a lien shall arise on the obligor's real and personal property and the obligor's real and personal property shall be subject to foreclosure, distraint, seizure, and sale, or notice to withhold and deliver, which shall be executed in accordance with this section or applicable state law. No judicial notice or hearing shall be necessary prior to creation of such a lien.

If the obligor transfers to a third party any real or personal property that is subject to this subsection after three consecutive months of delinquency in payments, a conclusive presumption shall arise that the transfer was in avoidance of a lien, and a lien shall arise on the transferred real or personal property as provided in this subsection; provided that judicial notice and hearing to the third party shall be required prior to creation of such a lien.

(b) Whenever the dependents of the obligor receive public assistance moneys, the child support enforcement agency or its designated counsel may establish the public assistance debt through an appropriate judicial or administrative proceeding. Upon the establishment of the public assistance debt, a lien shall arise on the obligor's real and personal property and the obligor's real and personal property shall be subject to foreclosure, distraint, seizure, and sale, or notice to withhold and deliver, and shall be executed in accordance with this section or applicable state law. No judicial notice or hearing shall be necessary prior to creation of such a lien.

If the obligor transfers to a third party any real or personal property that is subject to this subsection after three consecutive months of delinquency in payments, a conclusive presumption shall arise that the transfer was in avoidance of a lien, and a lien shall arise on the transferred real or personal property as provided in this subsection; provided that judicial notice and hearing to the third party shall be required prior to creation of such a lien."

SECTION 2. New statutory material is underscored.

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

INTRODUCED BY:

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