SB1337 HD1

Report Title:

Child Support Enforcement

Description:

Facilitates the enforcement of an order compelling a parent to pay child support, medical support, or other remedial care for his or her child, by providing that proof that the parent was present in court at the time the order was pronounced or that parent was served with the order, and proof that the parent did not comply with the order, constitutes prima facie evidence of a civil contempt of court. Requires the court to include in any order to compel a parent to furnish support for the parent's child a clear statement that failure to comply with the order could result in imprisonment. (SB1337 HD1)

SECTION 1. Section 571-81, Hawaii Revised Statutes, is amended to read as follows:

"§571-81 Contempt of court. (a) Any adult who wilfully violates, neglects, or refuses to obey or perform any lawful order of the court may be proceeded against for contempt of court. Any adult found in contempt of court may be punished as provided by law.

(b) When a court of competent jurisdiction issues an order compelling a parent to furnish support, including child support, medical support, or other remedial care, for the parent’s child, proof that the order was made, filed, and served on the parent or proof that the parent was present in court at the time the order was pronounced and proof that the parent did not comply with the order shall constitute prima facie evidence of a civil contempt of court. An order issued pursuant to this subsection shall clearly state that failure to comply with the order may subject the parent to civil contempt of court, and that the penalty for civil contempt of court may include imprisonment."

SECTION 2. Section 584-17, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Wilful failure to obey the judgment or order of the court shall be a civil contempt of the court. All remedies for the enforcement of judgments shall apply to this chapter. When a court of competent jurisdiction issues an order compelling a parent to furnish support, including child support, medical support, or other remedial care, for the parent’s child, proof that the order was made, filed, and served on the parent or proof that the parent was present in court at the time the order was pronounced and proof that the parent did not comply with the order shall constitute prima facie evidence of a civil contempt of court. An order issued to compel a parent to furnish support for the parent's child pursuant to this subsection shall clearly state that failure to comply with the order may subject the parent to civil contempt of court, and that the penalty for civil contempt of court may include imprisonment."

SECTION 3. Section 710-1077, Hawaii Revised Statutes, is amended by amending subsection (6) to read as follows:

"(6) Nothing in this section shall be construed to alter the court's power to punish civil contempt. When the contempt consists of the refusal to perform an act which the contemnor has the power to perform, the contemnor may be imprisoned until the contemnor has performed it. In such a case the act shall be specified in the warrant of commitment. In any proceeding for review of the judgment or commitment, no presumption of law shall be made in support of the jurisdiction to render the judgment or order the commitment. When a court of competent jurisdiction issues an order compelling a parent to furnish support, including child support, medical support, or other remedial care, for the parent’s child, proof that the order was made, filed, and served on the parent or proof that the parent was present in court at the time the order was pronounced and proof that the parent did not comply with the order shall constitute prima facie evidence of a civil contempt of court. An order issued to compel a parent to furnish support for the parent's child pursuant to this subsection shall clearly state that failure to comply with the order may subject the parent to civil contempt of court, and that the penalty for civil contempt of court may include imprisonment."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect January 1, 2009.

THE SENATE	S.B. NO.	1337
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 1
STATE OF HAWAII