GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 2400

Short Title:  Delay Child Support Guidelines.	(Public)

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Sponsors: Representatives S. Thompson; Barnes, Blue, Bowie, Colton, Dawkins, Easterling, Esposito, Flaherty, Foster, Gardner, Hackney, Hardaway, Holt, Howard, Huffman, Judy Hunt, Kennedy, Kerr, Lail, Lutz, Michaux, Payne, Perdue, Pope, Sizemore, Stam, Stamey, Wicker, P. Wilson, Wiser.

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Referred to:  Judiciary.

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July 4, 1990

A BILL TO BE ENTITLED
AN ACT TO DELAY THE EFFECTIVE DATE OF PRESUMPTIVE CHILD SUPPORT GUIDELINES PRESCRIBED BY THE CONFERENCE OF CHIEF DISTRICT COURT JUDGES.
The General Assembly of North Carolina enacts:
Section 1. G.S. 50-13.4(c1) reads as rewritten:
"(c1)	Effective January 1, 1991, the Conference of Chief District Judges shall prescribe uniform statewide presumptive guidelines for the computation of child support obligations of each parent as provided in Chapter 50 or elsewhere in the General Statutes and shall develop criteria for determining when, in a particular case, application of the guidelines would be unjust or inappropriate.  The purpose of the guidelines and criteria shall be to ensure that payments ordered for the support of a minor child are in such amount as to meet the reasonable needs of the child for health, education, and maintenance, having due regard to the estates, earnings, conditions, accustomed standard of living of the child and the parties, the child care and homemaker contributions of each party, and other facts of the particular case.  The guidelines shall include a procedure for setting child support, if any, in a joint or shared custody arrangement which shall reflect the other statutory requirements herein.  The currently proposed guidelines shall be reviewed by the Conference prior to January 1, 1991, and the Conference shall consider, among other issues, the following during the review:  (i) the fairness and advisability of including homemaker contributions, potential or imputed income, standard of living, and health insurance deductions for both parties, and (ii) the impact on high and low-income families, the impact on support for subsequent children of either parent, and the impact on the IV-D Program and the court system. The Conference shall give the Department of Human Resources, the Administrative Office of the Courts, and the general public sufficient time and opportunity to comment on the currently proposed guidelines and any revisions.
Periodically, but at least once every four years, the Conference of Chief District Judges shall review the guidelines to determine whether their application results in appropriate child support award amounts.  The Conference may modify the guidelines accordingly.  The Conference shall give the Department of Human Resources, the Administrative Office of the Courts, and the general public an opportunity to provide the Conference with information relevant to the development and review of the guidelines.  The guidelines, when adopted or modified, shall be provided to the Department of Human Resources and the Administrative Office of the Courts, which shall disseminate them to the public through local IV-D offices, clerks of court, and the media.
Through December 31, 1990, the advisory guidelines adopted by the Conference of Chief District Judges pursuant to this subsection as formerly written shall operate as presumptive guidelines and the factors adopted by the Conference of Chief District Judges pursuant to this subsection as formerly written shall constitute criteria for varying from the amount of support determined by the guidelines."
Sec. 2. This act is effective upon ratification.