Report Title:

Emergency Military Service; Child Support

Description:

Allows for military reservists called to active duty to have the director of the Child Support Enforcement Agency within the Attorney General's Office to modify their order of child support to reflect the change of their financial status.

THE SENATE

S.B. NO.

2143

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the effect of emergency military service on order of child support.

 

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

SECTION 1. Chapter 576D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§576D- Effect of emergency military service on court and administrative orders.

(a) Notwithstanding any other provision of law to the contrary, whenever a parent in emergency military service has a change in income due to such military service, such change in income shall be considered a change in circumstance so substantial and continuing as to make the terms of any order or judgment for child support unreasonable.

(b) Upon receipt of a notarized letter from the commanding officer of a noncustodial parent in emergency military service which contains the date of the commencement of emergency military service and the compensation of the parent in the emergency military service, the administrator of the Child Support Enforcement Agency within the department of the attorney general shall take appropriate action to seek modification of the order or judgment of child support in accordance with the guidelines and criteria set forth in section 576D-7 and applicable supreme court rules. Such notification shall constitute an application for services under section 576D-3.

(c) Upon return from emergency military service the parent shall notify the administrator of the Child Support Enforcement Agency within the Department of the Attorney General in accordance with the guidelines and criteria set forth in section 576D-7 and applicable supreme court rules. Such notification shall constitute an application for services under section 576D-3.

(d) As used in this section, the term "emergency military service" means that the parent is a member of a reserve unit or national guard unit which is called into active duty for a period of more than thirty days."

SECTION 2. New statutory material is underscored.

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

INTRODUCED BY:

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