GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 706

Short Title:  Child Support Guideline COLA.	(Public)
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Sponsors: Representatives R. Thompson; Bowman, Cummings, Easterling, Gottovi, Mitchell, and Russell.
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Referred to:  Judiciary II.
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April 1, 1993

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT PRESUMPTIVE GUIDELINES ESTABLISHED FOR DETERMINING CHILD SUPPORT AMOUNTS MAY INCLUDE COST-OF-LIVING ADJUSTMENTS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 50-13.4(c1) reads as rewritten:
"(c1)	Effective July 1, 1990, 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.  Prior to May 1, 1990 these guidelines and criteria shall be reported to the General Assembly by the Administrative Office of the Courts by delivering copies to the President Pro Tempore of the Senate and the Speaker of the House of Representatives.  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.
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 may establish periodic automatic cost-of-living adjustments to provide for increases in the child support amounts included in the guidelines.  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.  Any modifications of the guidelines or criteria shall be reported to the General Assembly by the Administrative Office of the Courts before they become effective by delivering copies to the President Pro Tempore of the Senate and the Speaker of the House of Representatives.  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.
Until July 1, 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.