THE SENATE	S.B. NO.	1070
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PAYMENTS OF SUPPORT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 571-52, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) As used in this section:

"Employer" includes the United States government, the State, any political subdivision thereof, and any person who is or shall become obligated to the obligor for payment of income.

"Income" includes salaries, wages, including tips or gratuities paid directly to an individual by a customer of the employer and reported or declared to the employer to the extent allowed under relevant federal law, earnings, workers' compensation, disability benefits, commissions, independent contractor income, and any other entitlement to money including moneys payable as a pension, annuity, retirement, disability, death, or other benefit, or as a return of contributions and interest from the United States government, the State, or other political subdivision thereof, or from any retirement, disability, or annuity system established by any of [them] the subdivisions pursuant to statute."

SECTION 2. Section 571-52.2, Hawaii Revised Statutes, is amended by amending subsection (n) to read as follows:

"(n) Notwithstanding any other provision of law, for purposes of this section, the term "income" shall include, without limitation, salaries, wages, including tips or gratuities paid directly to an individual by a customer of the employer and reported or declared to the employer to the extent allowed under relevant federal law, earnings, workers' compensation, unemployment compensation, disability benefits, commissions, independent contractor income, and any other entitlement to money including moneys payable as a pension [or as an], annuity [or], retirement [or], disability [or], death, or other benefit, or as a return of contributions and interest [thereon] from the United States government, [or from] the State, or other political subdivision thereof, or from any retirement, disability, or annuity system established by any of [them] the subdivisions pursuant to statute.

The term "employer", as used in this section, includes the United States government, the State, any political subdivision thereof, and any person who is or shall become obligated to the obligor for payment of income."

SECTION 3. Section 576D-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The family court, in consultation with the agency, shall establish guidelines to establish the amount of child support when an order for support is sought or being modified under this chapter. The guidelines shall be based on specific descriptive and numeric criteria and result in a computation of the support obligation.

The guidelines may include consideration of the following:

(1) All earnings, income, including tips or gratuities paid directly to an individual by a customer of the employer and reported or declared to the employer to the extent allowed under relevant federal law, and resources of both parents; provided that earnings be the net amount, after deductions for taxes, and social security. Overtime and cost of living allowance may be deducted where appropriate;

(2) The earning potential, reasonable necessities, and borrowing capacity of both parents;

(3) The needs of the child for whom support is sought;

(4) The amount of public assistance [which] that would be paid for the child under the full standard of need as established by the department;

(5) The existence of other dependents of the obligor parent;

(6) To foster incentives for both parents to work;

(7) To balance the standard of living of both parents and child and avoid placing any below the poverty level whenever possible;

(8) To avoid extreme and inequitable changes in either parent's income depending on custody; and

(9) If any obligee parent [(with] who has a school age child or children in school[), who] is mentally and physically able to work[,] but remains at home and does not work, thirty [(or less)] or fewer hours of weekly earnings at the minimum wage may be imputed to [that] the parent's income."

SECTION 4. Section 576E-16, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

"(f) Notwithstanding any other provision of law, for the purposes of this section, the term "income" shall include, without limitation, salaries, wages, including tips or gratuities paid directly to an individual by a customer of the employer and reported or declared to the employer to the extent allowed under relevant federal law, earnings, workers' compensation, unemployment compensation, disability benefits, commissions, independent contractor income, and any other entitlement to money including moneys payable as a pension [or as an], annuity [or], retirement [or], disability [or], death, or other benefit, or as a return of contributions and interest [thereon] from the United States government, [or from] the State or political subdivision thereof, or from any retirement, disability, or annuity system established by any of [them] the subdivisions pursuant to statute."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2023.

INTRODUCED BY:

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Report Title:

Child Support; Spousal Support; Assignments; Income Withholding; Tips

Description:

Amends the definition of "income" to include tips or gratuities for the purposes of determining child and spousal support amounts, assignments, and withholdings.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.