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2014 Child Support and Family Law Legislative Enactments

2014 Child Support and Family Law Legislative Enactments

12/18/2014

State legislatures have been actively debating many child support and family law proposals. NCSL's Child Support Project is tracking over 800 bills from 46 states, the District of Columbia and Puerto Rico in the Child Support and Family Law Legislation Database. During the 2014 legislative session, approximately 38 states enacted 114 bills addressing child support and family law. A few trends have emerged as we wrap up the 2014 legislative season.

Approximately five bills were enacted to prevent the need for child support enforcement. These bills dealt with parenting education and awareness, vocational training for formerly incarcerated parents and the use of a collaborative law process to set child support orders.

Custody and visitation was the topic of 21 pieces of enacted legislation. These bills addressed visitation with incarcerated parents, putative father rights, presumptions for or against joint physical custody and relocation restrictions. In addition, three states enacted the Uniform Deployed Parent Custody and Visitation Act while five states extended visitation rights to grandparents, great-grandparents and step-grandparents.

As with years past, child support enforcement was a major focus in the states. These 21 pieces of legislation focused on various intercepts to cover child support obligations, including income tax and lottery intercepts, as well as drivers, hunting and professional license suspension for failure to pay child support. Other legislation sought to clarify the definition of criminal nonsupport, ensure the collection of foreign support through the Uniform Interstate Family Support Act and deviation from traditional enforcement techniques.

Ensuring that victims of domestic violence or abusive relationship have a safe avenue to collect child support is of increasing interest to state legislatures. In 2014, 10 bills were enacted dealing with various topics including name changes for victims of domestic violence, redefining domestic abuse to include child abuse, and the termination of parental rights where a child’s life was endangered. The most recent trend in this area is the termination of parental rights or the restriction or prohibition on custody and visitation for perpetrators of sexual assault. Five states enacted legislation to restrict or terminate the parental rights of perpetrators of sexual assault if the child was conceived as a result.

Engagement of fathers in the lives of their children is critical, not only to the collection of child support, but also to the overall well-being of the child. Two resolutions sought to bring awareness to the importance of fathers and to recognize a successful fatherhood program.

 
Enacted legislation Pending legislation Introduced w/no pending or enacted No 2014 session
 
 

States continue to modify and improve the child support guidelines used to set child support orders. There were approximately 11 bills enacted this year to make this process easier and more predictable. This legislation created factors for awarding support based on the guidelines or for deviating from the guidelines, set the age upon which support may be terminated, determined a combined income threshold within the child support schedule and allowed for abatement of child support for the time spent with the noncustodial parent obligor.

The importance of health family relationships was the topic of six enacted bills dealing with reinstatement of parental rights, parenting classes and children of incarcerated parents.

Other legislation dealt with topics including requiring each parent to be equally responsible for obtaining health insurance coverage or providing cash medical support for the child. In addition, direct deposit of child support payments, termination of support upon remarriage of the receiving parent, child support forgiveness for exonerated individuals for the period they were incarcerated and gestational carrier agreements were also topics of legislation enacted in 2014.

To view child support and family law legislation from 2012 through 2014, visit our Child Support and Family Law Legislation Database.

Below is a list of enacted legislation so far, organized by State.

Please type in a state in the box below to be taken directly to the state's legislative information.

Alabama

HB 82
Database Topic: Enforcement
Summary: HB82 allows counties to intercept income tax returns as reimbursement for debt owed. Defines debt as anything over $25, including child and spousal support owed to anyone receiving child support enforcement services. Specifies that the county must submit the debt owed to the Department of Revenue.

 

California

SB 545

Database Topic: Family Violence Collaboration

Summary: SB 545 clarifies the rules for a confidential name change for victims of domestic violence, stalking and sexual assault by waiving newspaper publication requirements for active members of the Safe at Home program when the name he or she seeks to acquire is on file with the Secretary of State.

 

SB 910

Database Topics: Family Violence Collaboration, Other/Miscellaneous
Summary: SB 910 expands the definition of domestic violence to include abuse perpetrated against a child of a party to a domestic violence proceeding, abuse of a child who is subject to an action under the Uniform Parentage Act, or abuse of any other relative of the defendant who is related by blood or affinity in the second degree.

 

AB 1628

Database Topic: Custody and Visitation
Summary: AB 1628 allows grandparents to seek visitation with grandchildren even if the natural or adoptive parents are married, which was previously prohibited, if one of the parents is incarcerated or institutionalized.

 

AB 2252

Database Topic: Child Support Implementation

Summary: AB 2252 requires that child support payments that are directly deposited into an account pursuant to the federal Electronic Fund Transfer Act can only be deposited into a qualifying account. Defines "qualifying account" as either a demand deposit or savings account at an insured financial institution that is in the name of the person receiving child support, or a prepaid account that meets the specified requirements. Prohibits a person or entity that issues a prepaid card or maintains or manages a prepaid card account from accepting or facilitating the direct deposit of child support payments if the account does not meet the specified requirements for prepaid cards. Provides other definitions.

 

AB 2344

Database Topic: Custody and Visitation
Summary: AB 2344 establishes statutory forms for assisted reproduction to provide clarity regarding a person's intent to be a legal parent if he or she is using assisted reproduction at the time of conception. Allows the forms to satisfy the writing requirement described above.. Establishes a procedure for conducting a stepparent adoption involving a spouse or partner who gave birth to the child during the marriage or domestic partnership. Exempts these adoptions from the requirements that a home visit or home study be performed, that the prospective adoptive parent appear before the court, and that the prospective adoptive parent be liable for all reasonable costs incurred in connection with the stepparent adoption, unless otherwise ordered by the court for good cause. Requires a disclosure of the manner in which the intended parents will cover the medical expenses of the gestational carrier and of the newborn, as provided.

 

Colorado

SB 62
Database Topic: Healthy Family Relationships
Summary: SB62 allows for the reinstatement of parental rights, contingent upon certain requirements. Specifies that the parent-child legal relationship may be reinstated provided the child is 12 years of age or older; both the child and the parent consent to the reinstatement of the parent-child relationship; the child does not have a legal parent, is not in an adoptive placement, is not likely to be adopted within a reasonable period of time, and other permanency options have been exhausted; the child is in the legal custody of a county department; the termination of rights was finalized more than three years prior to the petition for reinstatement; and there were no prior substantiated allegations of sexual abuse, incidents of abuse or neglect against the child or near fatality or a suspicious fatality or near fatality. Further details the procedural requirements of reinstatement.

 

HB 1162
Database Topic: Family Violence Collaboration
Summary: HB 1162 establishes a process to allow a victim in a sexual assault case where no conviction occurred to file a petition to terminate the parent-child relationship of the parent who allegedly committed the sexual assault and the child conceived as a result of the alleged sexual assault. Repeals provisions that allowed for a stay of civil domestic relations proceedings or a paternity action until criminal charges of sexual assault are resolved against the alleged perpetrator. Sets due process protections for the alleged perpetrator who is a member of an Indian tribe and requires tribal notification in accordance with the Indian Child Welfare Act. Requires the victim of a sexual assault and the child to be identified by their initials in summons and other documents relating to a petition to terminate the parent-child relationship. Allows protective measures to be taken during court proceedings at the request of the victim. Establishes a process to determine the parentage of the child allegedly conceived through sexual assault, through genetic testing or paternity acknowledgement. Instructs the court not to presume that have only one parent is contrary to the best interest of the child where the child was conceived as a result of sexual assault.

 

HB 1362

Database Topic: Custody and Visitation

Summary: HB 1362 includes great-grandparents in the statutory provisions concerning visitation rights of grandparents.

 

Connecticut

HB 5526

Database Topic: Enforcement
Summary: HB 5526 requires the Bureau of Child Support Enforcement to establish, maintain, and periodically update a list of all delinquent child support obligors and publish a list of the 100 individuals with the highest delinquent child support obligations on the Department of Social Services' website. Specifies the information that must be published, including the obligor's name, residential address, and the amount of child support owed. Defines ""delinquent child support obligor."" Requires the list to be made using the state case registry which is part of the centralized automated system that stores and reports information on all IV-D child support cases.

 

Delaware

HB 407

Database Topic: Other/Miscellaneous

Summary: HB 407 allows child support orders, income withholding orders, or both to be registered in Delaware by either the foreign jurisdiction or the applicable support enforcement agency in Delaware sending those orders (and other pertinent information) directly to the Family Court, either physically or by electronic transmission. Removes the requirement that two copies of such order be provided and instead only requires one certified copy.

 

Florida

SR 1432
Database Topic: Father Engagement
Summary: SR1432 recognizes May 14, 2014 as ""Father in Education Day."" Details that the Fatherhood Task Force of South Florida has reached out to fathers to encourage participation in educational activities with their children. Acknowledges that father involvement benefits children academically, emotionally, and socially, particularly when fathers take an interest in their education. Declares the ultimate goal of the Fathers in Education movement to be identification of people willing to organize school activities and increase involvement of father in their children's lives and education.

 

HB 755
Database Topics: Enforcement, Other/Miscellaneous
Summary: HB 755 adds a court-ordered time-sharing schedule and a time-sharing arrangement, exercised by agreement of the parties, that has the child spending a significant amount of time, but less than 20 percent of the overnights, with one parent, to the list of child support guideline deviation factors. Specifies judicial notice requirements. Sets rules for admission to the Florida bar by an applicant who was brought to the United States as a minor.

 

HB 7005

Database Topic: Child Support Enforcement

Summary: HB 7005 allows a child support obligor to demonstrate that he or she receives reemployment assistance or unemployment compensation, that he or she is disabled and incapable of self-support or that he or she receives benefits under the federal SSI or SSDI programs, that he or she receives temporary cash assistances or that he or she is making payments in accordance with a confirmed bankruptcy plan in order to avoid having his or her driver's license suspended for failure to pay child support or respond to a paternity action.

 

Georgia

SB 282
Database Topics: Guidelines, Implementation/Administration
Summary: SB282 enacts provisions recommended by the Georgia Child Support Commission relating to alimony, child support and enforcement of child support orders. Revises definitions used in calculating child support. Clarifies that worksheets and the calculator determine monthly child support figures. Clarifies provisions relating to gross income. Defines and clarifies the correct cross-references relating to the Department of Human Services Bank Match Registry and child support orders.

 

SR 973
Database Topics: Healthy Family Relationships, Other/Miscellaneous
Summary: SR973 establishes the Senate Child Protection Study Committee. Recognizes that child support services should be capable of quickly identifying and assessing potential risks to children and should develop and implement plans of family assistance and intervention. Tasks the committee with studying the specified conditions, needs and issues and recommending actions or legislation they deem necessary.

 

Hawaii

SB 2229
Database Topic: Enforcement
Summary: SB 2229 allows a power of attorney to make temporary payments of child support on behalf of the principal.

 

Idaho

SB 1293
Database Topic: Other/Miscellaneous
Summary: S1293 details when a biological father has the right to consent to adoption. Requires the father to meet enumerated requirements prior to the filing of a proceeding to adopt the child, or the execution of a consent to terminate the birth mother's parental rights, otherwise he does not have the right to consent to adoption of the child.

 

Illinois

SB 640

Database Topic: Other/Miscellaneous

Summary: SB 640 prohibits a fee from being placed on any consumer using an electronic funds transfer terminal if they are using a reloadable card issued by the Illinois State Disbursement Unit for purposes of receiving his or her child support payments.

 

SB 3231

Database Topic: Guidelines

Summary: SB 3231 requires the court to first determine whether a maintenance award is appropriate using the factors that are already in statute. Requires the court, after determining that maintenance is appropriate, to order maintenance in accordance with the guidelines. Details the income threshold for maintenance orders, the amount of maintenance based on income and the duration of maintenance based on the duration of the marriage. Requires the court to make specific findings of fact when ordering maintenance, including the reasoning for awarding or not awarding maintenance and reasons for deviation from the guidelines. Defines gross income. Specifies the duration of fixed term maintenance in situations where the couple was married for less than ten years.

 

HR 826
Database Topic: Child Support Prevention
Summary: HR826 acknowledges that the House of Representatives believes that human services, healthcare, education and justice authorities should include parenting education and early childhood education funding in their budgets. Resolves that universal, high-quality, and research-based parenting education best equips parents to raise children. Urges the State Board of Education to identify potential grants that may be used for parenting programs and early care and education programs. Urges the State Board of Education to require family engagement policies in early care and education programs, including a high-quality parenting education.

 

Indiana

SB 63
Database Topic: Enforcement
Summary: S63 changes the penalty for nonsupport of a child from a Level 6 felony to a Level 5 felony if the person has a previous conviction for the offense. Details the procedure for a court to lower the penalty for a person convicted of nonsupport of a child, if the person has accomplished specified related actions and the prosecuting attorney agrees to the reduction of the penalty.

 

SB 80
Database Topic: Other/Miscellaneous
Summary: SB80 establishes an Interim Committee on Public Health, Behavioral Health and Human Services to study issues assigned by legislative council.

 

SB 312
Database Topic: Enforcement
Summary: S312 allows a person who wins a prize payable in installments from the lottery commission to assign the future prize payments to satisfy a debt owed to the state, including the child support debt, under certain circumstances and upon court approval. Details the requirements for a court order approving the assignment of a lottery prize. Requires that a petition to assign a prize must be served upon the lottery commission's counsel and the child support bureau and limits the number of assignment transactions per year. Specifies other notice requirements.

 

SR 28
Database Topic: Father Engagement
Summary: SR 28 congratulates the Fathers and Families Center, a nonprofit agency that assists young fathers achieve self-sufficiency and parental involvement. Acknowledges that the Fathers and Families Center has provided educational and career services, such as employment counseling, career planning, job placement, retention services, GED preparation, parenting education, anger management and personal finance classes, among other services.

 

HB 1110
Database Topic: Enforcement
Summary: HB1110 requires the issuance of an income withholding order if one is not currently in place. Details that if the implementation of an income withholding order has been stayed by the court, the Title IV-D agency may override the stay by issuing an income withholding orde and providing notice to the parties. Details the amount eligible to be withheld based on the amount of arrears owed.

 

HB 1279
Database Topic: Enforcement
Summary: H1279 allows a child support obligor, whose license has been revoked or suspended, to obtain specialized driving privileges. Specifies that specialized driving privileges may be granted for up to 180 days and may be restricted to certain times of day and certain locations, such as a place of employment. Details further restrictions and procedural requirements.

 

Iowa

SB 2168
Database Topic: Enforcement
Summary:  SB 2168 allows a power of attorney to make temporary payments of child support on behalf of the principal.

 

Kansas

HB 2568
Database Topics: Custody and Visitation, Guidelines
Summary: HB 2568 sets factors for the court to consider when making rules establishing child support guidelines, including the needs of the child, the standards of living and circumstances of the parents, the relevant financial means of the parents, the earning ability of the parents, the need and capacity of the child for education, the age of the child, the financial resources and earning ability of the child, the responsibility of the parents for the support of others and the value of services contributed by both parents. Allows for retroactive judgment for the mother for support and education of the child from the time of birth and for reimbursement of the expenses of the birth of the child. Requires the child support amount to be made using the child support guidelines and for any period occurring five years of less before the commencement of a paternity establishment proceeding, there is a rebuttable presumption that the child support guidelines reflect actual expenditures made on the child’s behalf. Allows for payment of attorney’s fees. Sets the procedure for modifying child support. Details factors to consider the setting custody, residency and parenting time, including each parent’s role and involvement with the minor child, the desires of the child if they are of sufficient age and maturity, the age of the child, the emotional and physical needs of the child, evidence of emotional or physical spousal abuse, the ability of the parties to communicate, cooperate and manage parental duties, the school activity schedule of the child, the work schedule of the parties, the location of the parties residences and places of employment and the location of the child’s school.

 

Kentucky

SB 108
Database Topic: Family Violence Collaboration
Summary: SB108 prohibits a person convicted of sexual assault from obtaining custody of or visitation with a child that was conceived as a result of the sexual assault. Allows the mother to waive the prohibition against custody and visitation. Requires a child support order to be established against the perpetrator of the offense.

 

Louisiana

SB 85

Database Topic: Guidelines
Summary: SB 85 allows the definition of child care costs, for purposes of calculating basic child support obligations, to include the reasonable child care expenses incurred by either parent while receiving job training or education necessary to obtain employment or enhance earning potential. Includes worksheets for the calculation of total child support obligation including the application of the new definition of child care costs.

 

SB 248

Database Topics: Custody and Visitation
Summary: SB 248 requires the court to consider the best interest of the child when considering supervised visitation between the child and an incarcerated parent. Factors for best interest include the mental and physical health and safety of the child, the love, affection and other emotional ties between the child and the incarcerated parent, the length of time that the child had lived with the parent prior to the parent’s incarceration, the opinion of the child who is at least 12, the desirability of maintaining the relationship between the child and the incarcerated parent, the willingness of the child’s custodial parent, caretaker, legal guardian, or other relative to voluntarily take the child to visit the incarcerated parent, the effect on the child of supervised visitation in the place of incarceration and the availability of alternative or additional use of technology to facilitate visitation and other factors as specified by law. Requires the court to consider the mental and physical health of the child when considering whether to authorize visitation between the child and an incarcerated parent, which had previously been prohibited.

 

SB 578

Database Topic: Custody and Visitation
Summary: SB 578 allows a grandparent to be granted reasonable visitation rights if the court finds that it is in the best interest of the child, whether they were granted custody or not. Permits any other relative, by blood or affinity, stepparent, or step-grandparent, under extraordinary circumstances, to be granted reasonable visitation rights if the court finds that it is in the child's best interest, whether they were granted custody or not.

 

HB 300

Database Topic: Guidelines
Summary: HB 300 clarifies that financial obligations, for purposes of establishing spousal support, includes any interim allowance or final child support obligation. Allows any interim allowance or final child support obligations to be considered in awarding interim spousal support.

 

HB 747

Database Topics: Custody and Visitation, Family Violence Collaboration
Summary: HB 747 adds domestic abuse aggravated assault to the list of crimes of violence. Clarifies provisions related to this classification. Requires an offender to participate in a court-monitored domestic abuse intervention program as defined. Clarifies that the designation of domestic abuse aggravated assault as a crime of violence is for purposes of any civil or criminal proceeding. Clarifies that the presumption that no parent who has a history of perpetuating family violence shall be awarded sole or joint custody of children may be overcome by evidence that the perpetrating parent has successfully completed a court-monitored domestic abuse intervention program as defined. Requires that both parents complete a court-monitored domestic abuse intervention program if they both have a history of perpetuating family violence. Allows the court to order supervised visitation to a parent with a history of perpetrating family violence, so long as the parent completes a court-monitored domestic abuse intervention program.

 

HCR 179

Database Topic: Other/Miscellaneous
Summary: HCR 179 urges and requests the Louisiana State Law Institute to study the prescriptive or statute of limitations periods for disavowals of paternity and revocation of paternity acknowledgements and to report its findings 30 days prior to the next legislative session.

 

Maine

HB 1211
Database Topic: Enforcement
Summary: H1211 authorizes the Secretary of State, upon written notice from the Penobscot Nation that a child support obligor is not in compliance with a child support order, to suspend the driver's license of a noncompliant child support obligor. Details the notice of suspension requirements and review procedures. Allows for a temporary license upon receipt of a conditional release from the Penobscot Nation.

 

HB 1243
Database Topic: Other/Miscellaneous
Summary: HB1243 extends the date for the Family Law Advisory Commission to issue its final report on the Uniform Parentage Act to the legislature to December 15, 2014.

 

Maryland

HB 907

Database Topic: Enforcement
Summary: HB 907 allows the video lottery operation licensees to withhold lottery prizes for certain child support obligors and remit those payments to the Child Support Enforcement Administration as payment for child support arrears. Requires the video lottery operation licensees to provide notice to the obligors of the withholding. Sets the requirements for notice and withholding. Authorizes obligors to appeal proposed transfers. Requires the Child Support Enforcement Administration to notify the licensees on the distribution of certain prizes and prohibits the licensee from being held liable for certain acts or omissions.

 

HB 1174
Database Topic: Enforcement
Summary: HB 1174 establishes that specified provisions of law governing the denial or suspension of licenses for failure to pay child support apply to recreational hunting and fishing licenses. Requires the Department of Natural Resources to require an applicant to provide only specified information related to the applicant's Social Security number on an application for a recreational hunting or fishing license.

 

Michigan

SB 325
Database Topics: Custody and Visitation; Healthy Family Relationships
Summary: SB 325 allows a court to order abduction prevention measures in a child custody proceeding if evidence established a credible risk of the child's abduction. Specifies information that a petition would have to contain and factors that a court would have to consider in determining whether there was a credible risk of abduction. Requires a court to enter an abduction prevention order if it found that there was a credible risk of abduction. Prohibits a court from issuing an abduction prevention order if it found that the respondent's conduct was intended to avoid domestic violence or imminent harm to the child or respondent. Allows a court to take physical custody of a child, including directing the use of law enforcement to locate and obtain the child, to prevent imminent abduction. Allows a court to issue an ex parte warrant to take physical custody of a child, if the court found there was a credible risk of a child's imminent wrongful removal. Clarifies definitions
 
SB 520
Database Topic: Enforcement
Summary: SB 520 prohibits an order for restitution for violation of a child support order to include a separate award for the arrearage amount. Requires the restitution order to direct the individual to pay the arrearage and allows the court to order additional restitution.
 
SB 521
Database Topic: Implementation/Administration
Summary: SB 521 allows a recipient of support or the Office of the Friend of the Court to commence a civil contempt proceeding against the payer. Modifies circumstances under which a court may find a payer in contempt and commit the payer to jail or an alternative to jail. Allows a court to commit a payer to jail with the privilege of leaving if necessary to satisfy the conditions of the order of commitment, rather than just to go to and from employment. Deletes provisions allowing the court to suspend a payer's occupational, driver, or recreational license if the payer has an arrearage greater than two months' of support payments. Allows the court, upon finding a payer in contempt, to apply any other enforcement remedy authorized under the Support and Parenting Time Enforcement Act or the Friend of the Court Act for the nonpayment of support if the payer's arrearage qualified and the evidence supported that remedy. Allows a support payer for whom a bench warrant was issued to voluntarily appear at the Friend of the Court office to answer the warrant, and requires the payer to post bond or be taken before the court for further proceedings. Allows a court to release an unemployed payer who was committed to a county jail if the payer found employment, completed two consecutive weeks of employment, and either made a support payment or were subject to an order of income withholding. Repeals Section 35 of the Support and Parenting Time Enforcement Act, which provides that a court may find a payer in contempt if the payer is in arrears and fails or refuses to pay support and has the ability to do so, or has failed to find a source of income and participate in a work activity after referral by the Friend of the Court.
 
SB 522
Database Topic: Implementation/Administration
Summary: SB 522 repeals the requirements that the Department of Human Services (DHS), the State Disbursement Unit (SDU), and each Office of the Friend of the Court cooperate in a transition to the centralized receipt and disbursement of support and fees; and the requirement that a court order a monthly service fee to reimburse a county for the cost of enforcing a spousal or child support or a parenting time order.

 

SB 526
Database Topics: Enforcement; Guidelines
Summary: SB 526 allows the Friend of the Court to consider the person who was providing the actual care, support, and maintenance of a child as the recipient of the support, rather than only the person who is legally responsible for the child.
 
SB 528
Database Topic: Enforcement; Implementation/Administration
Summary: SB 528 requires lottery winnings that the Lottery Bureau is required to send to the Department of Treasury in order to satisfy certain liabilities, including child support, of the payer, to then be sent only to the State Disbursement Unit, not to the Office of the Friend of the Court.
 
SB 529
Database Topic: Implementation/Administration
Summary: SB 529 modifies the duties of the Office of Child Support to require the Office to develop and implement guidelines for the allocation and distribution of all child support payments that meet the requirements of federal law, regulation and rule.
 
SB 530
Database Topic: Implementation/Administration
Summary: SB 530 deletes provisions requiring an Office of the Friend of the Court to receive child support payments and service fees. Requires the Office of Child Support, rather than the Friend of the Court, to report arrearage amounts to consumer reporting agencies and determine what support information should be provided to consumer reporting agencies. Requires an alternative dispute resolution plan approved by the court to include an option for domestic relations mediation. Requires the Friend of the Court to include in its alternative dispute resolution plan a screening process for domestic violence, a personal protection order between the parties, child abuse or neglect, and other safety concerns, and a method to address those concerns. Details the requirements and qualifications for a domestic relations mediator and specifies the qualifications for a Friend of the Court employee who conducts alternative dispute resolution.

 

SB 714

Database Topic: Child Support Prevention
Summary: SB 714 adopts the uniform collaborative law act to allow parties to agree to a collaborative alternative dispute resolution process in cases involving child custody, visitation, parenting time and child support, among others.

 

HB 4648
Database Topic: Custody and Visitation
Summary: HB4648 details when a putative father's parental rights may and may not be terminated in a situation where the mother is seeking to terminate her parental rights or has entered a release or consent for adoption. Requires that notice to the putative father of the hearing to determine or terminate his rights state that if he does not appear his rights will be terminated. Requires the court to terminate the putative father's parental rights if it would not be in the best interests of the child to be in the custody of the putative father. Prohibits the termination of the putative father's parental rights if the court fines that he established a custodial relationship with the child, or has provided substantial and regular support to the mother or the child. If the court does not terminate the parental rights of the putative father, it must terminate the temporary placement of the child with the adoptive parents and deny the order for adoption. Further specifies the mother's rights following the determination or termination of the putative father's parental rights.

 

HB 5082

Database Topic: Custody and Visitation

Summary: HB 5082 requires the State Court Administrative Office to develop qualification and training standards for parent coordinator's under the discretion of the state Supreme Court. Requires all parent coordinators to complete that training. Details those requirements and the various duties of parent coordinators.

 

HB 5463

Database Topic: Other/Miscellaneous

Summary: HB 5463 specifies that if the probability of paternity determined by a qualified person conducting a blood or tissue typing or DNA identification profile is 99% or higher, and the DNA identification profile and summary report are admissible, paternity is presumed. Under the bill, paternity instead would be established. Requires a court to issue an order of filiation declaring paternity and providing for the support of a child under one or more of the following circumstances: a) the finding of the court or the verdict determines that the man is father, b) the defendant acknowledges paternity, and/or c) the defendant is served with a summons and a default judgment is entered against him or her. Requires the court to issue an order of filiation if genetic testing determined that the man was the father.

 

HB 5464

Database Topic: Other/Miscellaneous

Summary: HB 5464 enacts the "Genetic Parentage Act." Specifies that a man would be considered the biological father of a child born out of wedlock if certain conditions were met. Details that genetic testing that determines a man to be the biological father of a child would establish paternity, and could be the basis for court-ordered support or parenting time. Prohibits the Act from being used to determine paternity if the child's father had been established or had acknowledged paternity, or the child were subject to a pending adoption proceeding. Requires the Department of Human Services and the Department of Community Health to create a genetic paternity determination form, which would be filed with the Office of the State Registrar. Details that a man would be considered to be the biological father of a child born out of wedlock if he and the mother were receiving services from a Title IV-D agency; the mother, child and alleged father submitted to blood or tissue typing determination, or DNA identification profiling, to determine whether the alleged father was likely to be the father; a blood or tissue typing, or DNA identification profiling, was conducted by a person accredited for paternity determinations by a nationally recognized scientific organization; the probability of paternity determined by the blood or tissue typing or DNA identification profiling was 90 percent or higher; or the mother and alleged father signed a form created by the DHS agreeing to submit to the test.

 

HB 5465

Database Topic: Other/Miscellaneous

Summary: HB 5465 creates the "Summary Support and Paternity Act to establish procedures under which the Department of Human Services could request a Title IV-D agency to file a "statement" with the court with respect to a child born out of wedlock, if the child were supported by public assistance or either party had applied for Title IV-D services. Requires the Title IV-D agency to file a notice of intent to establish paternity on the parties if paternity has not been established. Clarifies that if paternity has been established, DHS may request a Title IV-D agency to file with the court a statement of support obligation. Allows the court to establish the child's paternity, issue a support order, establish the child's custody, or grant any other relief available under the Act, the Friend of the Court Act, or the Support and Parenting Time Enforcement Act.

 

HB 5466

Database Topic: Implementation/Administration

Summary: HB 5466 allows a prosecuting attorney and the Department of Human Services (DHS) to enter into an agreement to transfer the prosecutor's responsibilities to the Friend of the Court; an attorney employed by, or under contract with, the DHS; or an attorney employed by, or under contract with the county. Applies to proceedings under the Paternity Act which requires the prosecuting attorney to initiate proceedings if DHS of the county in which the mother or alleged father resides determines that she or he has physical possession of the child and is eligible for public assistance or is without a means to employ an attorney; if the DHS is the complainant; or if the mother, alleged father, or child is receiving Title IV-D services.See Also: HB 5467, 5468, 5469, 5470 and 5471.

 

HB 5467

Database Topic: Implementation/Administration

Summary: HB 5467 allows a prosecuting attorney and the Department of Human Services (DHS) to enter into an agreement to transfer the prosecutor's responsibilities to the Friend of the Court; an attorney employed by, or under contract with, the DHS; or an attorney employed by, or under contract with the county. Applies to proceedings under the Revocation of Paternity Act, which allows a prosecuting attorney, the mother, the acknowledged father, or an alleged father to file an action for revocation of an acknowledgement of paternity. See Also: HB 5466, 5468, 5469, 5470 and 5471.

 

HB 5468

Database Topic: Implementation/Administration

Summary: HB 5468 allows a prosecuting attorney and the Department of Human Services (DHS) to enter into an agreement to transfer the prosecutor's responsibilities to the Friend of the Court; an attorney employed by, or under contract with, the DHS; or an attorney employed by, or under contract with the county. Applies to proceedings under the Family Support Act, which allows a prosecuting attorney to act as the attorney for the petitioner, if the Department of Human Services of the county where the custody parent or guardian of a child or children resides determines that the parent, child, or children are eligible for public assistance or if a complaint is filed against a noncustodial parent if a custodial parent and a child or children are receiving public assistance. See Also HB 5466, 5477, 5469, 5470, 5471.

 

HB 5469

Database Topic: Implementation/Administration

Summary: HB 5469 allows a prosecuting attorney and the Department of Human Services (DHS) to enter into an agreement to transfer the prosecutor's responsibilities to the Friend of the Court; an attorney employed by, or under contract with, the DHS; or an attorney employed by, or under contract with the county. Applies to proceedings under the Uniform Interstate Family Support Act (UIFSA), which requires a prosecuting attorney or Friend of Court to conduct a proceeding when a responding tribunal of this State receives a petition or comparable pleading from a foreign tribunal; or upon the request of a support enforcement agency. See Also HB 5466, 5467, 5468, 5470, 5471.

 

HB 5470

Database Topic: Implementation/Administration

Summary: HB 5470 allows a prosecuting attorney and the Department of Human Services (DHS) to enter into an agreement to transfer the prosecutor's responsibilities to the Friend of the Court; an attorney employed by, or under contract with, the DHS; or an attorney employed by, or under contract with the county. Applies to proceedings under the Revised Uniform Reciprocal Enforcement of Support Act, which requires a prosecuting attorney, upon the request of the Department of Human Services, to represent the oblige in a proceeding under the act, if this state is acting as an initiating state. See Also HB 5466, 5467, 5468, 5469, 5471.

 

HB 5471

Database Topic: Implementation/Administration

Summary: HB 5471 allows a prosecuting attorney and the Department of Human Services (DHS) to enter into an agreement to transfer the prosecutor's responsibilities to the Friend of the Court; an attorney employed by, or under contract with, the DHS; or an attorney employed by, or under contract with the county. Applies to the emancipation of minors law, which allows the Department of Human Services (DHS) Director or the director of the county DHS to bring an action to enforce the parents' duty of support if a minor or a child who has reached 18 is being supported by public assistance. Clarifies that if a designated official of the State or County DHS brings an action, the prosecuting attorney is required to represent the official in the proceeding. See Also HB 5466, 5467, 5468, 5469, 5470.

 

HB 5472

Database Topic: Enforcement

Summary: HB 5472 establishes an alternative contempt track docket for child support payers who are in arrears and who the court determines has difficulty making support payments due to a documented medical condition; a documented psychological disorder; substance use disorder; illiteracy; homelessness; a temporary curable condition that the payer had difficulty controlling without assistance; or unemployment lasting longer than 27 weeks. Requires consent of the payer to be placed on the alternative contempt track docket and requires the court to approve a plan to address the conditions which make it difficult for the payer to make support payments. Details that the payer is subject to probation for up to one year and would have to appear for review hearings and that the payer may be taken into custody for up to 45 days for violating the court approved plan, and could be jailed for up to 10 days for willfully failing to comply. Allows a court to discharge the arrears of a payer who completed an alternative contempt track plan and requires each court to submit a plan for using an alternative contempt track and obtain approval of the State Court Administrative Office.

 

HB 5473

Database Topic: Other/Miscellaneous

Summary: HB 5473 allows a court to determine that a genetic father is not a child's father or refuse to enter an order revoking an acknowledgement of parentage or determining that a genetic father was not a child's father, if the court found evidence that the order would not be in the child's best interest.

 

HB 5512

Database Topic: Enforcement

Summary: HB 5512 requires Family Independence Program assistance benefits to be denied if a recipient failed to comply with child support requirements without good cause. Defines good case to include an instance in which efforts to establish paternity or assign or obtain child support would harm the child or in which there was danger of physical or emotional harm to the child or the recipient.

 

HB 5583

Database Topic: Other/Miscellaneous

Summary: HB 5583 provides for revocation of paternity established by genetic testing under certain circumstances. Details the requirements for requesting a revocation of paternity. Requires the action to be brought within 3 years of the child's birth or 1 year following the genetic testing, whichever is later. Allows the court to set aside revocation if it is not in the best interests of the child.

 

HR 304
Database Topic: Other/Miscellaneous, Child Support Prevention
Summary: HR304 declares March 2014 as Parenting Awareness Month in the state of Michigan.

 

Minnesota

SB 2712
Database Topic: Enforcement
Summary: SB 2712 clarifies the crime of failure to pay court-ordered child support by changing the terms “care and support” and “child support” to “court-ordered support.” Sets the effective date.

 

HB 892
Database Topic: Enforcement
Summary: HB892 updates the Uniform Interstate Family Support Act to conform to the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. Allows support orders to be modified and enforced between countries.

 

HB 2722
Database Topic: Custody and Visitation
Summary: HB 2722 declares that there is no presumption for or against joint physical custody, except when domestic abuse has occurred between the parents. Details that the court should consider all of the enumerated factors when considering custody and should not consider one to the exclusion of the others. Clarifies that disagreement between the parties does not indicate their ability to raise their children and details how the court should handle disagreement between the parties. Requires consideration of the child’s developmental needs when determining the child’s best interest for modification of a parenting plan.

 

HB 2925
Database Topic: Other/Miscellaneous
Summary: HB2925 allows for reimbursement of certain expenses to individuals who were convicted of a crime and subsequently exonerated. allows for reimbursement of child support payments owed by an exonerated individual that became due, and interest on child support arrearages that accrued, during the time served in prison. Exempts child support payments that were already owed before incarceration from reimbursement.

 

HB 3172

Database Topics: Economic Stability, Enforcement
Associated Bills: MN S 2785 - Companion
Summary: HB 3172 requires applicants for general assistance and Minnesota supplemental aid to provide specified information, including spousal and child support payments made to persons outside the household, for purposes of determining eligibility and the amount of the assistance payment.

 

Missouri

SB 491
Database Topic: Enforcement
Summary: SB 491 makes failure to disclose a child support arrearage on a withholding form a class E felony instead of a class D felony, among other criminal law code changes.

 

SB 530

Database Topic: Healthy Family Relationships

Summary: SB 530 creates a presumption that a parent is unfit to be a party to the parent and child relationships if their parental rights to one or more other children were terminated within three years of the current termination adjudication, if the child or the birth mother tested positive for certain controlled substances or alcohol within eight hours of the child's birth or the parent has been convicted of certain drug possession felonies within three years prior to the current termination of parental rights adjudication.

 

HB 1217

Database Topic: Enforcement

Summary: HB 1217 allows retirement plan benefits to be assigned for collection of child or spousal support.

 

HB 1231

Database Topics: Guidelines, Other/Misc.

Summary: HB 1231 allows the division to modify a child support order to include a single child support obligation for all children of the parties if an addition child or children, no subject to the original order, are born to the parties. Requires the filing of a motion to modify, services of process, and an opportunity for the parties to be heard.

 

Nebraska

LB 907
Database Topic: Child Support Prevention
Summary: LB907 creates a reentry program for inmates and parolees called the Vocational and Life Skills Program, a fund to pay for the program, among other provisions. Specifically includes community based vocational training as part of the reentry program.

 

LB 908
Database Topics: Custody and Visitation, Healthy Family Relationships
Summary: LB908 details the timing requirements for a father to file a Notice of Objection to Adoption and Intent to Obtain Custody. Requires those notices to be filed during pregnancy or within 5 days after birth of the child, 5 days after notice is received, or 5 days after published notice ends.

 

New Hampshire

SB 205

Database Topic: Custody and Visitation
Summary: SB 205 allows the court to limit visitation to supervised visitation centers that use metal detection devices and have trained security personnel on-site. Establishes a commission to study supervised visitation centers, including the licensing requirements of such centers, the availability of supervised visitation centers across the state, the criteria courts use in determining whether to order use of supervised visitation centers and the policies and procedures in place at supervised visitation centers.

 

SB 253

Database Topic: Family Violence Collaboration

Summary: SB 253 allows for termination of parental rights if the birth of the child was a result of the sexual assault of the mother and it is in the best interest of the child. Clarifies that the father of the child must have been convicted or pled guilty to sexual assault or it is found beyond a reasonable doubt that he fathered the child through a non-consensual sexual act.

 

SB 353

Database Topic: Other/Miscellaneous

Summary: SB 353 standardizes the minimum components of gestational carrier agreements, and recognizes that written gestational carrier agreements are valid and enforceable legal contracts. Defines common terms of a gestational carrier agreement. Clarifies the parental status of the parties to a gestational carrier agreement, including donors and intended parents. Requires an intended parent of a child resulting from assisted reproduction to complete a mental health consultation, undergo legal consultation regarding the terms of the gestational carrier agreement and be advised of the potential legal consequences of the gestational carrier agreement prior to any medical procedures. Requires the gestational carrier to be at least 21, to have given birth at least once before, to complete a physical medical evaluation, mental health consultation and legal consultation prior to any medical procedure. Clarifies that a gestational carrier agreement is a legal contract and is presumed valid and enforceable by the court. Specifies the requirements for a gestational carrier agreement. Details the requirements and legal consequences of parentage orders, marriage or partnership of the gestational carrier following the execution of the gestational carrier agreements, intestate and testate succession, and death of the intended parents.

 

HB 1632

Database Topic: Guidelines

Summary: HB 1632 clarifies that no child support order for a child with disabilities that takes effect after July 9, 2013 may continue after the child reaches 21 years of age. Permits the court to reinstate a child support order for a child with disabilities that was modified or vacated between July 9, 2013 and the bill's effective date.

 

New Jersey

AB 1477

Database Topics: Healthy Family Relationships, Child Support Prevention
Summary: AB 1477 enacted the New Jersey Collaborative Law Act which will allow parties to enter into the collaborative family law process to resolve family law disputes. Defines family law dispute to include custody, visitation, child support and maintenance.

 

New Mexico

SB 130
Database Topic: Custody and Visitation
Summary: SB 130 enacts the Deployed Parents Custody and Visitation Act. Specifies that deployment does not change the place of residence of the deployed parent. Details notice requirements for change of residence and for deployment. Prohibits the court from solely considering the parent's past deployment or possible future deployment when determining the best interest of the child. Specifies that a the parents may enter into a temporary custody agreement that will be in effect until the deploying parent returns, if it is in writing and signed by both parents. Details other procedures for the temporary custody arrangement.

 

SJM 26
Database Topics: Guidelines, Other/Miscellaneous
Summary: SJM 26 requires the administrative office of the courts to study equity in awarding child support and how child support is calculated and report the findings and recommendations to the appropriate interim legislative committee.

 

New York

SB 6784

Database Topic: Guidelines
Summary: SB 6784 increases the combined parental income threshold for calculating child support to $141,000. Details how the schedule will be updated every two years taking into account the consumer price index for all urban consumers as published by the United States department of labor bureau of labor statistics.

 

North Carolina

SB 794

Database Topic: Guidelines

Summary: SB 794 allows the Conference of Chief District Judges to prescribe uniform statewide presumptive guidelines for the computation of retroactive child support obligations.

 

HB 1133

Database Topic: Other/Miscellaneous

Summary: HB 1133 requires support orders to include the current residence and mailing address of the custodial parent, or the child if difference unless there is an existing order prohibiting disclosure of the custodial parents or child's address to the obligor. Makes technical corrections to other code provisions.

 

Ohio

SB 207

Database Topic: Family Violence Collaboration

Summary: SB 207 authorizes a person who is the victim of rape or sexual battery for which a child was conceived as a result to bring an action to declare the person who was convicted of or pleaded guilty to the offense to be the parent of the child conceived as a result of rape or sexual battery committed by the other person. Details procedural and jurisdictional requirements of these proceedings. Prohibits a court from issuing an order granting parental rights with respect to a child to a person who has been convicted of rape or sexual battery and has been declared in an action or proceedings to be the parent of that child. Specifies that a relative of a person whose parental rights with that person's child have been terminated, denied, or limited under those provisions may be granted only those rights consented to by the other parent of the child. Prohibits an unmarried female who has been convicted of rape or sexual batter and has been declared the parent of a child born as a result of the rape or sexual battery from being the residential parent and legal custodian of that child.

 

Oklahoma

SB 1612

Database Topic: Custody and Visitation
Summary: SB 1612 requires any visitation order to contain a provision stating that the custodial parent has a duty to facilitate visitation of a minor child with the noncustodial parent. Includes court forms. Clarifies how attorneys fees are granted.

 

SB 1784
Database Topic: Enforcement
Summary: SB1784 removes the requirement that a court must suspend or revoke any professional licenses held by an individual who is not compliant with an order for child support and instead puts that decision at the discretion of the court.

 

SB 1993
Database Topics: Enforcement, Guidelines
Summary: SB 1993 clarifies that both the mother and the father of a child born out of wedlock are liable for the support and education of the child. Specifies that the mother is liable for the reasonable expenses of providing for the child to the same extent as the father and is subject to the same limitation of liability for any time she does not have custody of the child prior to the establishment of paternity or an order for support. Allows for both parties to seek support from the other. Includes medical support, including health insurance coverage or cash medical support as part of the liability of both parents. Clarifies paternity establishment procedures.

 

HB 1384
Database Topic: Other/Miscellaneous
Summary: HB 1384 establishes the “Parents’ Bill of Rights,” declaring that the government shall not interfere with the fundamental right of parents to direct the upbringing, education, health care and mental health of their children without a compelling governmental interest. Enumerates the rights protected under the new law. Directs the board of education of a school district, along with parents, teachers and school administrators to develop and adopt plans to promote the involvement of parents in their children’s education. Details the elements of the required plan. Prohibits the administration of medical treatment or medicine to minors without parental consent.

 

HB 2166

Database Topic: Enforcement
Summary: HB2166 authorizes the court to require individuals who are in contempt for failure to comply with an order for child support, child support arrears, or other support and are willingly unemployed to work 2 eight hour days per week in a community service program administered by the county commissioners, if the county commissioners of that county have implemented a community service program.

 

HB 2249

Database Topic: Healthy Family Relationships
Summary: HB2249 requires parents who are divorcing based on incompatibility to attend, either separately or together, an educational program concerning the impact of divorce on children, if the child is eighteen years of age or younger. Requires the program to include short-term and longitudinal effects of divorce on child well-being, reconciliation as an optional outcome, effects of family violence, potential child behaviors and emotional states during and after divorce including information on how to respond to the child's needs, communication strategies and area resources, including but not limited to nonprofit organizations or religious entities available to address issues of substance abuse or other addictions, family violence, behavioral health, individual and couples counseling, and financial planning. Sets the fee that program attendees must pay as not less than fifteen dollars and not more than sixty dollars. Specifies the time frame for completion of the program.

 

HB 2667

Database Topic: Family Violence Collaboration
Summary: HB 2667 requires the district attorney to filed for termination of the parent-child relationships and parental rights with respect to a child no later than 60 days after a court has determined that reasonable efforts to reunite are not required due to a felony conviction of a parent of certain offenses, including permitting a child to participate in pornography, rape, or rape by instrumentation, lewd molestation of a child under sixteen years of age, child abuse or neglect, enabling child abuse or neglect, murder or aiding or abetting the murder or death of a child, the child's sibling or a parent of the child, or if the parent has made no measurable progress in correcting the conditions which caused the child to be adjudicated deprived within ninety days after the court ordered the case plan.

 

HB 3472

Database Topic: Family Violence Collaboration
Summary: HB 3472 prohibits a court from awarding custody or guardianship of a child to a person who has been convicted of certain crimes related to abuse, endangerment or exploitation of children.

 

Puerto Rico

HB 1990

Database Topic: Enforcement

Summary: HB 1990 requires each employer to send to the State Register of New Hire Information the date on which a new employee begins receiving pay for services.

 

South Carolina

SB 687

Database Topics: Healthy Family Relationships, Implementation/Administration
Summary: SB 687 prohibits the court from denying guardianship, custody or visitation of a child solely because the party is blind. Prohibits the Department of Social Services, a guardian, or a child placement agency and the court from denying an adoption petition solely because the petitioner is blind. Requires the Department of Social Services to promulgate regulations prohibiting a local department from removing a child from a home and placing the child in foster care solely because the child's parent or guardian is blind.

 

HB 4348

Database Topic: Custody and Visitation
Summary: HB 4348 allows the court to order grandparent visitation of a minor child where either or both parents of the minor child is or are deceased, or are divorced, or are living in different habitats, if the court finds that the child's parents or guardians are unreasonably depriving the grandparent of the opportunity to visit with the child, that awarding grandparent visitation would not interfere with the parent-child relationship and the court finds that the child's parents are unfit, or the court finds that there is compelling circumstances to overcome the presumption that the parental decision is in the child's best interest.

 

South Dakota

HB 1165
Database Topic: Custody and Visitation
Summary: HB1165 enacts the Uniform Deployed Parents Custody and Visitation Act. Specifies that deployment does not change the place of residence of the deployed parent and affords the court temporary emergency jurisdiction under certain circumstances. Details notice requirements for change of residence and for deployment. Prohibits the court from solely considering the parent's past deployment or possible future deployment when determining the best interest of the child. Allows the court to consider the effects of deployment on the parent and the child when making a best interest determination. Specifies that a the parents may enter into a temporary custody agreement that will be in effect until the deploying parent returns, if it is in writing and signed by both parents. Details other procedures for the temporary custody arrangement. Allows a court to grant caretaking and decision-making authority to an adult nonparent who has a close and substantial relationship with the child.

 

Tennessee

SB 1488
DatabaseTopic: Custody and Visitation
Summary: SB 1488 mandates a temporary injunction prohibiting parties to a divorce from relocating the child more than 50 miles from the marital residence, as opposed to 100 miles in previous law. Requires notarized signatures by one or both parties filing a parenting plan to the court. Details how the noncustodial parent may communicate with the child and what information the noncustodial parent is entitled to receive regarding the child. Alters the factors to be considered in a best interest determination when setting custody and visitation and makes other sections of the Code consistent with the new factors.

 

HB 1396
Database Topic: Enforcement
Summary: HB 1396 allows an individual who is not in compliance with a child support order to request a restricted license, rather than have the license suspended or revoked, if he/she is employed for at least thirty hours per week, the employment is located more than one mile from the obligor’s place of residence and the obligor’s employment can reasonably be expected to contribute to bringing the obligor into compliance with the support order. Details the procedure for obtaining and requesting a restricted license and clarifies the appropriate definitions.

 

HB 2314
Database Topic: Custody and Visitation
Summary: HB 2314 enacts the Uniform Deployed Parent Custody and Visitation Act. Prohibits the parents residency to be effected by deployment for purposes of the Uniform Child Custody Jurisdiction and Employment Act. Sets notice of deployment and address change requirements between the parents and requires each parent to provide the other with a plan for fulfilling that parent’s share of custodial responsibility during deployment. Allows a temporary agreement between the parties regarding custodial responsibility during deployment so long as it is in writing and signed by all parties and allows for modification of the agreement subject to certain requirements. Sets further requirements for the temporary order, including the termination of the order upon return from deployment. Allows for a nonparent to exercise custodial responsibility during deployment if the other parent is not available or is prohibited from contacting the child. Allows a nonparent or adult family member with whom the child has a close and substantial relationship to obtain custodial responsibility and be granted part of the deploying parent’s decision-making authority during deployment upon agreement by the other parent or subject to certain restrictions. Sets other procedural requirements for setting, modifying and terminating the temporary order.

 

Utah

HB 201
Database Topics: Custody and Visitation, Healthy Family Relationships
Summary: HB201 defines supervised parent-time. Describes the conditions under which a court can order supervised parent-time. Creates a process for selecting persons to supervise parent-time, including relatives or, if necessary, a professional or agency. Allows the supervised parent to petition the court for unsupervised parent-time.

 

Vermont

HB 88
Database Topic: Family Violence Collaboration, Custody and Visitation
Summary: HB 88 allows the court to award sole parental rights and responsibilities to a parent and denying all parent-child contact with the other parent if the court finds by clear and convincing evidence that the noncustodial parent was convicted of sexual assault of the custodial parent and the child was conceived as a result of the sexual assault. Allows the court to award sole parental rights and responsibilities to one parent and deny all parent-child contact with the other parent if the Court finds by clear and convincing evidence that the child was conceived as a result of sexual assault, without conviction for the sexual assault, and the court finds that it is in the best interest of the child. Clarifies that a parental rights order under these circumstances must not affect the custodial parent's right to seek child support from the noncustodial parent.
 
HB 325

Database Topic: Healthy Family Relationships
Summary: HB 325 requires the Secretary of Human Services, Commission of Corrections, and the Commissioner for Children and Families to study and develop recommendations, within the Integrated Family Services Initiative (IFS) regarding the capacity needed to identify and connect children and families of incarcerated individuals to appropriate services within the IFS, existing services available to children with incarcerated parents and the need for any additional services, appropriate physical settings for children to visit incarcerated parents and services while the parent is incarcerated, a mechanism to ensure that coordinated services are provided to children of incarcerated parents by the Department of Children and Families and the Department of Corrections, agency data systems to track and coordinate services for children of incarcerated parents, and the cost of services necessary to implement a comprehensive system of care addressing the unique needs of children of incarcerated parents. Identifies stakeholders to be included and consulted.

 

HB 581

Database Topic: Custody and Visitation
Summary: HB 581 sets the requirements to become a legal guardian of the child and establishes the duties of a legal guardian with respect to child support paid on behalf of the child.

 

Virginia

HB 359
Database Topic: Custody and Visitation
Summary: HB359 includes step-grandparents in the definition of people with a legitimate interest in the custody, visitation and support of a child.

 

HB 933
Database Topic: Guidelines
Summary: HB933 specifies a statutory minimum for child support rather than a presumptive minimum. Allows the court to set the child support below the statutory minimum if the noncustodial parent's income is equal to or less than 150 percent of the federal poverty level, unless that would limit the custodial parent's ability to maintain adequate housing and provide basic necessities to the child. Updates the child support schedule.

 

HB 1233
Database Topic: Healthy Family Relationships
Summary: HB1233 defines stalking and adds requires the Statewide Facilitator for Victims of Domestic Violence to include victims of stalking in the Address Confidentiality Program. Specifies other procedures for the protection of stalking victims.

 

West Virginia

HB 4139
Database Topic: Family Violence Collaboration
Summary: HB4139 prohibits the court from granting custody of or parenting time with the child if the parent was convicted of sexual assault which resulted in the conception of the child, unless the court finds that it is in the best interests of the child, the child and victim are protected and the custodial parent consents to the biological parent having custody or parenting time. Allows for an exception if the biological parents are married and create a mutual custodial environment or if they are unmarried and cohabitate following the conviction for sexual assault. Clarifies that the denial of custody or parenting time does not automatically terminate the parental rights of the convicted parent.

 

Wisconsin

SB 68
Database Topic: Implementation/Administration
Summary: SB68 restates that spousal maintenance terminates upon the death of either party. Requires the party receiving spousal maintenance to notify the court and the payer if they remarry within 10 days of the remarriage and requires the court to terminate the spousal maintenance up0on notification of remarriage.

 

AB 566
Database Topic: Other/Miscellaneous
Summary: AB566, among other child welfare changes, specifies procedures for seizure of a child support obligor's financial account. Modifies the procedure for rescinding an acknowledgement of paternity to reflect that minors may not acknowledge paternity and makes other changes consistent with that rule. Details other procedures for paternity establishment proceedings.

 

Wyoming

SB 84
Database Topic: Guidelines
Summary: SB84 clarifies the calculation of a daily support obligation which abates the child support amount by one-half for each day the noncustodial parent has physical custody of the child. Clarifies that administrative driver's license suspension is best if the obligor owes more than five thousand dollars and has not made a full monthly child support payment for ninety consecutive days. Allows for electronic notice between the payor and payee.

About This NCSL Project

NCSL staff in D.C. and Denver can provide comprehensive, thorough, and timely information on critical child support policy issues. We provide services to legislators and staff working to improve state policies affecting children and their families. NCSL's online clearinghouse for state legislators includes resources on child support policy, financing, laws, research and promising practices. Technical assistance visits to states are available to any state legislature that would like training or assistance related to this topic.  

The Denver-based child support project staff focuses on state policy, tracking legislation and providing research and policy analysis, consultation, and technical assistance specifically geared to the legislative audience. Denver staff can be reached at (303) 364-7700 or cyf-info@ncsl.org.

NCSL staff in Washington, D.C. track and analyze federal legislation and policy and represent state legislatures on child support issues before Congress and the Administration. In D.C., Joy Johnson Wilson at 202-624-8689 or by e-mail at joy.wilson@ncsl.org and Rachel Morgan at (202) 624-3569 or by e-mail at rachel.morgan@ncsl.org.

The child support project and D.C. human services staff receive guidance and support from NCSL's Standing Committee on Health & Human Services.

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