876
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CHILD SUPPORT ENFORCEMENT.



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

 1      SECTION 1.  Section 576D-10, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      1.  By amending subsection (a) to read:
 
 4      "(a)  The agency shall collect and disburse child support
 
 5 payments when an order requires the collection and disbursal[.];
 
 6 subject to this section.  Notwithstanding any other law to the
 
 7 contrary, the agency shall maintain a special interest bearing
 
 8 account for child support payments.  Moneys collected by the
 
 9 agency for child support payments shall not be deposited into the
 
10 state treasury, but shall be deposited into this account.  Moneys
 
11 to be disbursed by the agency for child support payments shall be
 
12 disbursed from this account without appropriation or allotment.
 
13 The interest realized from this account shall be used for related
 
14 costs of the maintenance and operation of the account and the
 
15 balance shall be deposited into the state treasury to the credit
 
16 of the general fund."
 
17      2.  By amending subsections (c) and (d) to read:
 
18      "(c)  At the time a child support obligation is first
 
19 established or at any time thereafter, the court or the office
 
20 may approve an alternate arrangement for the direct payment of
 

 
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 1 child support from the obligor to the custodial parent as an
 
 2 exception to the provisions for income withholding through the
 
 3 agency, as required by sections 571-52.2(a)(1), 571-52.3, and
 
 4 576E-16(a).
 
 5      (d)  The court or the office may approve an alternative
 
 6 arrangement for the direct payment of child support where either:
 
 7      (1) The obligor or custodial parent demonstrates and the
 
 8          court or office finds that there is good cause not to
 
 9          require immediate withholding; or
 
10      (2) A written agreement is reached between the obligor and
 
11          the custodial parent and signed by both parties;
 
12 provided that in either case where child support has been ordered
 
13 previously, an alternative arrangement for direct payment shall
 
14 be approved only where the obligor provides proof of the timely
 
15 payment of previously ordered support.  For purposes of this
 
16 section, good cause to approve an alternative arrangement shall
 
17 be based upon a determination by the court or office, either in
 
18 writing or on the record, that implementing income withholding
 
19 would not be in the best interests of the child.  Such a
 
20 determination shall include a statement setting forth the basis
 
21 of the court's or office's conclusion."
 
22      3.  By amending subsection (f) to read:
 
23      "(f)  The alternative arrangement for direct payment
 

 
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 1 agreement shall include the most recent addresses of the
 
 2 custodial and obligor parent.  If the obligor parent alleges
 
 3 direct payment of child support to the custodial parent after the
 
 4 subject dependents of the court-approved or office-approved
 
 5 alternative arrangement become recipients of public assistance,
 
 6 including but not limited to public assistance from the
 
 7 department of human services under chapter 346, foster care under
 
 8 section 571-48, Title IV-E or Title XIX of the federal Social
 
 9 Security Act (42 U.S.C. §1396), or after the custodial parent
 
10 applies for services from the agency, and after receiving proper
 
11 notification of the change of payee to the agency, then the
 
12 obligor shall have the burden of proving that the child support
 
13 payments were made by presenting written evidence, including but
 
14 not limited to cancelled checks or receipts."
 
15      4.  By amending subsection (i) to read:
 
16      "(i)  The alternative arrangement for direct payment shall
 
17 become effective upon approval and filing by the court or
 
18 approval by the office and sent to both parties.  For any order
 
19 approved pursuant to this section on or after October 1, 1998,
 
20 each party must send a certified copy of the order to the state
 
21 case registry established under section 576D-6."
 
22      SECTION 3.  Statutory material to be repealed is bracketed.
 
23 New statutory material is underscored.
 

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