HOUSE OF REPRESENTATIVES

H.B. NO.

128

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to family court.

 

 

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

 


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

     "§576E-     Modification of child support and child custody orders based upon a materially false statement.  (a)  Any parent or person whose custody of a dependent child is terminated based upon a materially false statement may file a request for modification of a child support order or a child custody order with the court on the grounds that a parent, the agency, or the person having custody of the dependent child made a materially false statement under oath and the statement was a substantial basis for the court or hearings officer issuing the child support order or child custody order.  The request shall be in writing, set forth the reasons for modification, including evidence of the materially false statement, and state the address of the requesting party.  Thereafter, the agency shall commence a review of the order and, if appropriate, shall commence administrative proceedings pursuant to sections 576E-5 through 576E-9.

     (b)  The court, in response to a request made pursuant to subsection (a), may:

     (1)  Amend the child support order or the child custody order;

     (2)  Waive some or all outstanding child support payments owed;

     (3)  Award attorney's fees and costs; and

     (4)  Refer the matter to the prosecuting officer of the county in which the false statement took place if the court concludes that the declarant wilfully and knowingly made the materially false statement under oath; provided that the court may withhold any information that it deems confidential.

     (c)  A request made pursuant to this section shall be brought within seven years after the date on which the complaining party discovered or reasonably should have discovered the perjury.

     (d)  "Materially false statement" shall have the same meaning as defined in section 710-1000(9)."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval; provided that the amendments made by this Act shall apply to all actions commenced or pending on the effective date of this Act; provided further that no report to a county prosecutor pursuant to section 1 shall be made for statements made before the effective date of this Act.

 

INTRODUCED BY:

_____________________________



 

Report Title:

Child Support; Perjury; Family Court; Child Support Enforcement Agency

 

Description:

Authorizes a court to modify a child support order if that order was previously based on perjury.

 

 

 

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