STAND. COM. REP. NO. 896

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 909

       H.D. 2

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Human Services, to which was referred H.B. No. 909, H.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO FAMILY COURT,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to authorize the Family Court to:

 

     (1)  Issue financial restraining orders during annulment, divorce, or separation proceedings; and

 

     (2)  Consider the unauthorized dissipation of marital assets when ordering payment of attorney's fees pursuant to a child custody, support, or maintenance order.

 

     Your Committee received testimony in support of this measure from the Family Law Section of the Hawaii State Bar Association and eight individuals.

 

     Your Committee finds that some parties in divorce cases engage in the improper dissipation of marital assets during the pendency of their cases and that although these actions are prohibited, there is currently no requirement for the Family Court to issue a financial restraining order to ensure that improper actions are not taken.  Your Committee further finds that any unauthorized dissipation of marital assets should be considered by the Family Court when ordering payment of attorney's fees pursuant to a child custody, support, or maintenance order.  This measure will deter parties in divorce cases from improperly dissipating their marital assets prior to the divorce decree and will lead to a more just and equitable division of assets.

 

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 909, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 909, H.D. 2, S.D. 1, and be referred to the Committee on Judiciary and Labor.

 

Respectfully submitted on behalf of the members of the Committee on Human Services,

 

 

 

____________________________

SUZANNE CHUN OAKLAND, Chair