REPORT TITLE:
Divorce; Support Orders


DESCRIPTION:
Requires court to order divorce support to disabled spouse of
half of community property and half of retirement pension of non-
disabled ex-spouse.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2491
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO DIVORCE. 


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

 1      SECTION 1.  Section 510-9, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§510-9 Divorce; division of property.  In the event of the
 
 4 dissolution of marriage by decree of any court of competent
 
 5 jurisdiction, community property shall be divided between the
 
 6 parties by the court granting the decree, in such proportions as
 
 7 the court, from the facts in the case, deems just and equitable,
 
 8 and such division shall be subject to revision on appeal in all
 
 9 respects including the exercise of discretion by the court
 
10 below[.]; provided that if a party is disabled, as evidenced by
 
11 receiving Social Security disability benefits, at the time of the
 
12 issuance of the decree, the community property shall be divided
 
13 in equal proportion."
 
14      SECTION 2.  Section 580-47, Hawaii Revised Statutes, is
 
15 amended by amending subsection (a) to read as follows:
 
16      "(a)  Upon granting a divorce, or thereafter if, in addition
 
17 to the powers granted in subsections (c) and (d), jurisdiction of
 
18 those matters is reserved under the decree by agreement of both
 
19 parties or by order of court after finding that good cause
 

 
Page 2                                                     
                                     S.B. NO.           2491
                                                        
                                                        

 
 1 exists, the court may make any further orders as shall appear
 
 2 just and equitable (1) compelling the parties or either of them
 
 3 to provide for the support, maintenance, and education of the
 
 4 children of the parties; (2) compelling either party to provide
 
 5 for the support and maintenance of the other party; (3) finally
 
 6 dividing and distributing the estate of the parties, real,
 
 7 personal, or mixed, whether community, joint, or separate; and 
 
 8 (4) allocating, as between the parties, the responsibility for
 
 9 the payment of the debts of the parties whether community, joint,
 
10 or separate, and the attorney's fees, costs, and expenses
 
11 incurred by each party by reason of the divorce.  In making these
 
12 further orders, the court shall take into consideration:  the
 
13 respective merits of the parties, the relative abilities of the
 
14 parties, the condition in which each party will be left by the
 
15 divorce, the burdens imposed upon either party for the benefit of
 
16 the children of the parties, and all other circumstances of the
 
17 case.  In establishing the amounts of child support, the court
 
18 shall use the guidelines established under section 576D-7.
 
19 Provision may be made for the support, maintenance, and education
 
20 of an adult or minor child and for the support, maintenance, and
 
21 education of an incompetent adult child whether or not the
 
22 petition is made before or after the child has attained the age
 
23 of majority.  In those cases where child support payments are to
 

 
Page 3                                                     
                                     S.B. NO.           2491
                                                        
                                                        

 
 1 continue due to the adult child's pursuance of education, the
 
 2 agency, three months prior to the adult child's nineteenth
 
 3 birthday, shall send notice by regular mail to the adult child
 
 4 and the custodial parent that prospective child support will be
 
 5 suspended unless proof is provided by the custodial parent or
 
 6 adult child to the child support enforcement agency, prior to the
 
 7 child's nineteenth birthday, that the child is presently enrolled
 
 8 as a full-time student in school or has been accepted into and
 
 9 plans to attend as a full-time student for the next semester a
 
10 post-high school university, college, or vocational school.  If
 
11 the custodial parent or adult child fails to do so, prospective
 
12 child support payments may be automatically suspended by the
 
13 child support enforcement agency, hearings officer, or court upon
 
14 the child reaching the age of nineteen years.  In addition, if
 
15 applicable, the agency, hearings officer, or court may issue an
 
16 order terminating existing assignments against the responsible
 
17 parent's income and income assignment orders.
 
18      In addition to any other relevant factors considered, the
 
19 court, in ordering spousal support and maintenance, shall
 
20 consider the following factors:
 
21      (1)  Financial resources of the parties;
 
22      (2)  Ability of the party seeking support and maintenance to
 
23           meet his or her needs independently;
 

 
Page 4                                                     
                                     S.B. NO.           2491
                                                        
                                                        

 
 1      (3)  Duration of the marriage;
 
 2      (4)  Standard of living established during the marriage;
 
 3      (5)  Age of the parties;
 
 4      (6)  Physical and emotional condition of the parties;
 
 5      (7)  Usual occupation of the parties during the marriage;
 
 6      (8)  Vocational skills and employability of the party
 
 7           seeking support and maintenance;
 
 8      (9)  Needs of the parties;
 
 9     (10)  Custodial and child support responsibilities;
 
10     (11)  Ability of the party from whom support and maintenance
 
11           is sought to meet his or her own needs while meeting
 
12           the needs of the party seeking support and maintenance;
 
13     (12)  Other factors which measure the financial condition in
 
14           which the parties will be left as the result of the
 
15           action under which the determination of maintenance is
 
16           made; [and]
 
17     (13)  Probable duration of the need of the party seeking
 
18           support and maintenance[.]; and
 
19     (14)  The disability of a party, as evidenced by receiving
 
20           Social Security disability benefits, at the time of the
 
21           granting of the divorce, in which case the court shall
 
22           order that one-half of the retirement pension benefits
 
23           of the non-disabled party shall be paid to the disabled
 

 
Page 5                                                     
                                     S.B. NO.           2491
                                                        
                                                        

 
 1           party and one-half of the community property shall be
 
 2           divided under section 510-9.
 
 3      The court may order support and maintenance to a party for
 
 4 an indefinite period or until further order of the court;
 
 5 provided that in the event the court determines that support and
 
 6 maintenance shall be ordered for a specific duration wholly or
 
 7 partly based on competent evidence as to the amount of time which
 
 8 will be required for the party seeking support and maintenance to
 
 9 secure adequate training, education, skills, or other
 
10 qualifications necessary to qualify for appropriate employment,
 
11 whether intended to qualify the party for a new occupation,
 
12 update or expand existing qualification, or otherwise enable or
 
13 enhance the employability of the party, the court shall order
 
14 support and maintenance for a period sufficient to allow
 
15 completion of the training, education, skills, or other activity,
 
16 and shall allow, in addition, sufficient time for the party to
 
17 secure appropriate employment."
 
18      SECTION 3.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 4.  This Act shall take effect upon its approval.
 
21 
 
22                       INTRODUCED BY:  ___________________________