Child support orders; revises requirements for court and administrative. (SB1059)

Introduced By

Sen. Fred Quayle (R-Suffolk)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Child support orders. Revises requirements for court and administrative child support orders. This bill amends the requirement for court-issued support orders so that such orders for child support must include notice that support must continue to be paid for a child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party requesting or receiving support and may include support for a child over the age of 18 who is (a) severely and permanently disabled, (b) unable to live independently and care for himself, and (c) residing in the home of the parent seeking or receiving support; the party obligated to provide health care coverage shall keep the Department of Social Services informed of any changes in the availability of coverage or, where payments are made directly to the obligee, must keep the obligee informed of any changes in the availability of health coverage; the order shall provide for interest on arrearages at the judgment rate; and the Department of Motor Vehicles may suspend the license of any person upon receipt of notice from the Department of Social Services that the person is delinquent in the payment of child support by 90 days or an amount equal to $5,000 or that the person has failed to comply with a subpoena, summons, or warrant relating to paternity or child support proceedings. This bill further amends the requirement for administrative support orders, so that such orders must contain a provision specifying that all payments are to be credited to current support obligations first, with any payment in excess of current obligations applied to arrearages; the name, date of birth, and last four digits of the social security number of any children and of the other parent must be on the order unless the Department finds that a protective order has been issued or there is reason to believe that a party is at risk of physical or emotional harm from the other party; the debtor may be subject to mandatory withholding of income, interception of tax refunds or payments to the debtor from the Commonwealth, notification of arrearage information to consumer reporting agencies, passport denial or suspension, or incarceration; DMV may suspend or refuse to issue a driver's license upon receipt of notice from the Department of Social Services that the person is delinquent in the payment of child support by 90 days or an amount equal to $5,000 or that the person has failed to comply with a subpoena, summons, or warrant relating to paternity or child support proceedings; and the Department may initiate a review of the amount of support ordered by any court. This bill provides that the court may suspend any license, certificate, registration, or other authorization to engage in a recreational activity of a parent upon a delinquency in the payment of child support of 90 days or $5,000. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/13/2009Prefiled and ordered printed; offered 01/14/09 093226820
01/13/2009Referred to Committee for Courts of Justice
01/14/2009Assigned Courts sub: Civil
01/21/2009Impact statement from DPB (SB1059)
01/26/2009Reported from Courts of Justice (13-Y 0-N) (see vote tally)
01/27/2009Constitutional reading dispensed (39-Y 0-N) (see vote tally)
01/28/2009Read second time and engrossed
01/29/2009Read third time and passed Senate (40-Y 0-N) (see vote tally)
02/13/2009Placed on Calendar
02/13/2009Read first time
02/13/2009Referred to Committee for Courts of Justice
02/18/2009Assigned Courts sub: Civil
02/18/2009Subcommittee recommends reporting
02/20/2009Reported from Courts of Justice (22-Y 0-N) (see vote tally)
02/24/2009Read second time
02/25/2009Read third time
02/25/2009Passed House BLOCK VOTE (100-Y 0-N)
02/25/2009VOTE: BLOCK VOTE PASSAGE (100-Y 0-N) (see vote tally)
03/04/2009Enrolled
03/04/2009Bill text as passed Senate and House (SB1059ER)
03/05/2009Signed by President
03/06/2009Impact statement from DPB (SB1059ER)
03/06/2009Signed by Speaker
03/30/2009G Approved by Governor-Chapter 706 (effective 7/1/09)
03/30/2009G Acts of Assembly Chapter text (CHAP0706)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 2 minutes.

Comments

Marsha Maines writes:

SCARY!!! This bill gives non attorney employees of dcse (most of whom have either Judgment Debts or bankruptcies against them and are single parents themselves) MORE AUTHORITY THAN A JUDGE!!
Besides - DCSE has been altering DMV's records illegally for over a decade already - what's this bill supposed to "DO"? DCSE pretty much IGNORES all of the text that was here already..Under current law, it is a crime for a private citizen to lie to a government official, but not for the government official to lie to the people. - Donald M. Fraser