Child Support Schedule Workgroup

1. Child Support Schedule Workgroup Points of Consensus After November 14, 2008

2. Self Support Reserve • CONSENSUS: SSR should be 125% of the Federal Poverty Level

3. 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

4. Self Support Reserve CONSENSUS: Should apply to NCP obligation only

5. 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.

6. 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

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

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

9. Residential Credit CONSENSUS: Residential credit should be based on a formula

10. Residential Credit • CONSENSUS: there should be a threshold before applying the formula

11. Residential Credit • CONSENSUS: We should define “substantial time”

12. Residential Credit • CONSENSUS: One definition of “substantial time” is an overnight

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

14. Income to Determine the Support Obligation • CONSENSUS: Net income should be used for calculating child support obligations

15. Income to Determine the Support Obligation • CONSENSUS: RCW 26.19.071(6) should be revisedto 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.

16. Definition of “income” CONSENSUS: Self-employment or business income should be included in the definition of income

17. 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 ;

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

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

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

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

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

23. Economic Table • CONSENSUS: Should be based on an income shares model

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

25. 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.”

26. Economic Table • CONSENSUS: Medical expenses (aka health care expenses) should be set proportionately

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

28. 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)

29. Presumptive MinimumObligation • CONSENSUS: Presumptive Minimum Obligation should increase

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

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

32. 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…

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