Report Title:

Child support enforcement

Description:

Allows for renewal of licenses in cases of noncompliance with child support orders when noncompliance is due to unlawful actions of the custodial parent making compliance impossible.

HOUSE OF REPRESENTATIVES

H.B. NO.

618

TWENTY-SECOND LEGISLATURE, 2003

 

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-13, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) If the obligor or the individual requests an administrative hearing in writing within thirty days of the date of service of the notice as provided in subsection (b), the office shall schedule a hearing to determine whether the obligor is not in compliance with a support order or whether the individual is not in compliance with a subpoena or warrant relating to a paternity or child support proceeding, or whether said obligor was prevented from compliance to that support order by unlawful actions of the custodial parent and whether the obligor is willing to resume compliance upon compliance to that same support order by the custodial parent. The hearing shall be conducted in accordance with chapters 91 and 576E. The issues before the hearings officer shall be limited to whether the obligor is in compliance with an order of support, and whether noncompliance occurred due to unlawful actions of the custodial parent, or whether the individual is in compliance with a subpoena or warrant relating to a paternity or child support proceeding. The hearings officer shall issue a written decision within ten days of the hearing. If the hearings officer decides that the obligor is not in compliance with a support order or that the individual is not in compliance with a subpoena or warrant relating to a paternity or child support proceeding, the license held or applied for by the obligor or individual shall be denied or suspended and shall not be renewed, reinstated, or restored. If the hearings officer decides that the obligor's noncompliance is due to unlawful actions of the custodial parent in violation of the support order, the license held of applied for by the obligor or individual shall not be denied or suspended and shall be renewed, reinstated, or restored.

SECTION 2. Section 576D-14, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) Upon sending the order of income withholding to the employer, the agency shall send a notice of the withholding by regular mail to each obligor to whom subsections (b) and (c) apply. The notice shall inform the obligor:

(1) That the withholding has commenced;

(2) That the obligor may request a hearing in writing within fourteen days of the date of the notice;

(3) That, unless the obligor files a written request for a hearing within fourteen days of the date of the notice, the money received from the income withholding will be distributed to the custodial parent or, in an interstate case, the obligee in the other jurisdiction, or in the case where the children are receiving public assistance, to the State;

(4) That the only defenses to income withholding is a mistake of fact or whether said obligor was prevented from compliance to that support order by unlawful actions of the custodial parent and obligor is willing to resume compliance upon compliance to that same support order by the custodial parent; and

(5) Of the information that was provided to the employer with respect to the employer's duties pursuant to section 576E-16."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________