Child Support Schedule Workgroup

Points of Consensus

After November 14, 2008

Self Support Reserve

• CONSENSUS: SSR should be 125% of the Federal Poverty Level

Self Support Reserve

CONSENSUS: Statute should not provide a numerical value for 125% of FPL, but the Worksheet instructions should suggest the website to find FPL info, and tell how to go from annual FPL to 125% monthly FPL

Self Support Reserve

CONSENSUS: Should apply to NCP obligation only

45% Limitation

CONSENSUS: Amend RCW 26.19.065(1) to say: (1) Limit at forty-five percent of a parent's net income. Neither parent's total child support obligation owed for all his or her biological and legal children may exceed forty-five percent of net income except for good cause shown.

45% Limitation

CONSENSUS: We should retain good cause for the court to exceed the 45% limitation, and the current language re good cause [RCW 26.19.065(1)] should not be changed

Residential Credit

• CONSENSUS: It is important to eliminate or reduce the uncertainty associated with a residential credit

Residential Credit

• CONSENSUS: Before residential credit is allowed, there must be court-ordered residential time with the parent who is seeking a residential credit

Residential Credit

CONSENSUS: Residential credit should be based on a formula

Residential Credit

• CONSENSUS: there should be a threshold before applying the formula

Residential Credit

• CONSENSUS: We should define “substantial time”

Residential Credit

• CONSENSUS: One definition of “substantial time” is an overnight

Residential Credit

• CONSENSUS: We need a mechanism to reduce or eliminate the credit if time is not used

Income to Determine the Support Obligation

• CONSENSUS: Net income should be used for calculating child support obligations

Income to Determine the Support Obligation

• CONSENSUS: RCW 26.19.071(6) should be revised to read as follows:

(6) In the absence of records of a parent’s actual earnings, the court shall impute a parent’s income in the following order of priority:

(a) Full-time earnings at the current rate of pay;(b) Full-time earnings at the historical rate of pay based on reliable information, such as

Employment Security Department data;(c) Full-time earnings at Full-time earnings at a past rate of pay where information is

incomplete or sporadic;(d) Full-time earnings at minimum wage in the jurisdiction where the parent resides if the

parent has a recent history of minimum wage earnings, recently coming off public assistance, GAU, SSI, or disability, a recent release from incarceration, or high school;

(e) Median net monthly income of year-round full-time workers as derived from the United States bureau of census, current population reports, or such replacement report as published by the bureau of census.

Definition of “income”

CONSENSUS: Self-employment or business income should be included in the definition of income

Definition of “income”

CONSENSUS: the current limitation on voluntary retirement/pension (e.g., IRA) should be updated.

We should revise 26.19.071(5)(g) as follows:

(g) Up to five thousand dollars per year in voluntary retirement contributions actually made if the contributions show a pattern of contributions during the one–year period preceding the action establishing the child support order unless there is a determination that the contributions were made for the purpose of reducing child

support ;

Economic Table

• CONSENSUS: The economic table should include combined monthly net income over $5,000

Economic Table

• CONSENSUS: Should include combined monthly net income up at least to $12,000

Economic Table

• CONSENSUS: The economic table should start at $1,000 and move up in $100 increments

Economic Table

• CONSENSUS: The “A & B” columns should be collapsed and the table should not distinguish by age

Economic Table

• CONSENSUS: Child care, ordinary medical expenses and extraordinary medical expenses should not be included in the economic table

Economic Table

• CONSENSUS: Should be based on an income shares model

Economic Table

• CONSENSUS: 5% of obligation = ordinary medical expenses should be removed from table

Economic Table

CONSENSUS: We recognize that 2SHB1009 uses the term “medical expenses.” However, instead of “medical expenses,” we should use the term “health care expenses,” and perhaps include a definition of “health care expenses.”

Economic Table

• CONSENSUS: Medical expenses (aka health care expenses) should be set proportionately

Economic Table

• CONSENSUS: the table should not have an “advisory” portion, but should be all presumptive

Children From OtherRelationships

• CONSENSUS: At a minimum, “prior-born” children should be considered (i.e., children born before the child who is the subject of the current support order)

Presumptive MinimumObligation

• CONSENSUS: Presumptive Minimum Obligation should increase

Presumptive Minimum Obligation

CONSENSUS: The presumptive minimum obligation should continue to be expressed as a “per month per child” amount.

Presumptive MinimumObligation

• CONSENSUS: Presumptive Minimum Obligation should be set at $50 per month per child

Presumptive MinimumObligation

CONSENSUS: Language re “earning capacity” (RCW 26.19.065(2)) should say: “and involuntary limits on either parent’s earning capacity (e.g., incarceration or disabilities or incapacity).”

• …subject to drafting or wordsmithing…

Presumptive MinimumObligation

CONSENSUS: Because the presumptive minimum obligation must be a rebuttable presumption, the statute should not provide directions on how low to deviate