HOUSE OF REPRESENTATIVES	H.B. NO.	1787
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

A BILL FOR AN ACT

relating to child support.

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

     SECTION 1.  The legislature finds that the family court may order child support payments to continue until age twenty-three if the child remains a full-time student and meets specified criteria.  However, after an eighteen-year-old adult child demonstrates enrollment in a post-high school university, college, or vocational school, the child support enforcement agency does not thereafter periodically verify that the child has remained a student in good standing or completed the full-time course of study.

     The purpose of this Act is to relieve non-custodial parents of the obligation to provide post-secondary educational child support if the adult child is no longer pursuing an education.

     SECTION 2.  Section 576E-14, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

     "(f)  In those cases where child support payments are to continue due to the adult child's pursuance of education, the agency[, at]:

(1) At least three months prior to the adult child's nineteenth birthday[,]; and

(2) Not more than four months and not less than three months prior to the adult child's twentieth, twenty-first, and twenty-second birthdays, if the child is receiving child support due to being presently enrolled as a full-time student in a post-high school university, college, or vocational school;

shall send notice by regular mail to the adult child and the custodial parent that prospective child support will be suspended unless proof is provided by the [custodial parent or] adult child to the child support enforcement agency, prior to the child's [nineteenth] next birthday, that the child is presently enrolled as a full-time student in school or has been accepted into and plans to attend as a full-time student for the next semester a post-high school university, college, or vocational school.  Within fourteen calendar days after the completion of each semester, the adult child shall submit proof that the adult child has successfully completed the coursework the adult child was enrolled in during the previous semester.  If the [custodial parent or] adult child fails to [do so,] provide proof as required in this subsection, prospective child support payments may be automatically suspended by the child support enforcement agency upon the [child reaching the age of nineteen years.] child's next birthday.  In addition, if applicable, the agency or hearings officer may issue an order terminating existing assignments against the responsible parent's income and income assignment orders.

For purposes of this section, the term "semester" shall include "semester", "trimester", "quarter", or other term the post-high school university, college, or vocational school uses to assess completion in enrolled coursework and award grades."

     SECTION 3.  This Act shall apply to child support awards existing on and executed after the effective date of this Act.

     SECTION 4.  The child support enforcement agency established pursuant to section 576D-2, Hawaii Revised Statutes, shall apply and enforce the additional enrollment, satisfactory coursework completion, and reporting requirements contained in this Act to child support awards executed prior to the effective date of this Act.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Child Support; Child Support Enforcement Agency; Adult Dependent Children; Education

Description:

Requires adult children to annually demonstrate educational enrollment to continue receiving child support.

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