GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE JOINT RESOLUTION 705

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Sponsors: Representatives R. Thompson; Bowman, Cummings, Easterling, Gottovi, Mitchell, Russell, and R. Thompson.

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Referred to:  Rules, Calendar, and Operations of the House.

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April 1, 1993

A JOINT RESOLUTION AUTHORIZING THE LEGISLATIVE RESEARCH COMMISSION TO STUDY FAMILY LAW REFORM.
Whereas, the increasing case load of district courts throughout the State often results in prolonging the resolution of domestic matters; and
Whereas, procedural and remedial changes are needed in order to expedite the resolution of equitable distribution and child support and custody issues before the court. Such changes are needed so that parents and children involved in divorce may lead their lives free of extensive and costly litigation that obstructs emotional healing, interferes with harmonious child rearing, and depletes family resources that can best be used for life's essentials; and
Whereas, strides have been made in ensuring an equitable distribution of marital property, child support awards that address the needs of children and the financial abilities of parents, and better methods for collecting current and past due child support, problems continue to exist in these areas.  State law and judicial system practice should be regularly reviewed to ensure that necessary changes are made that enure to the benefit of children, their parents, and the State;
Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
Section 1.  The Legislative Research Commission may study the necessity for family law reform, including the following issues:
(1)	The need for a family court system independent of district court, the exclusive jurisdiction of which would be all matters pertaining to marriage, divorce, child custody and support, spousal support, distribution of marital property, and adoption;
(2)	Procedural changes and additional remedies necessary to expedite the resolution of matters pertaining to equitable distribution, child support awards and collection, and other relevant domestic issues before the court; and
(3)	Review of the recently adopted child support guidelines to determine if additional factors should be considered in determining child support amounts.
Sec. 2.  In making appointments to this study committee, the Commission may ensure that public membership on the committee fairly represents the following:
(1)	Members of the family law section of the North Carolina Bar Association;
(2)	District court judges and clerks of court;
(3)	Persons qualified to provide mediation services in child custody matters referred by the court; and
(4)	Citizens who are not affiliated with the legal profession or court system, but who have been a party to a child custody or support, or equitable distribution matter heard or decided by the court within the last five years.
Sec. 3.  The LRC Committee on Family Law Reform may report to the 1993 General Assembly, Regular Session 1994, and may make its final report to the 1995 General Assembly.
Sec. 4. There is appropriated from the General Fund to the Legislative Research Commission the sum of fifteen thousand dollars ($15,000) for the 1993-94 fiscal year and the sum of fifteen thousand dollars ($15,000) for the 1994-95 fiscal year to carry out the study of family law reform.
Sec. 5.  This resolution is effective upon ratification.