HOUSE AMENDMENT

    579-100X-06                                    Bill No. HB 189

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Effman offered the following:

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13         Amendment (with title amendment) 

14         On page .....1...., line(s) 14-18.....,

15  remove from the bill:  all of said lines

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17  and insert in lieu thereof:

18         (9)  In an initial determination of child support,

19  whether in a paternity action, dissolution of marriage action,

20  or petition for support during the marriage, the court has

21  discretion to award child support retroactive to the date the

22  petitioner became the primary residential parent, regardless

23  of whether that date precedes the filing of the petition.  In

24  determining the retroactive award in such cases, the court

25  shall consider the following:

26         (a)  The guidelines which were in effect during the

27  time for which retroactive support is sought.

28         (b)  The parties' average gross quarterly income and

29  the deductions allowable under the guidelines in existence

30  during such quarters.

31         (c)  All actual payments made by the noncustodial

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    File original & 9 copies    02/28/97
    hbd0005                     09:53 am         00189-0098-635295




                                                   HOUSE AMENDMENT

    579-100X-06                                    Bill No. HB 189

    Amendment No.     (for drafter's use only)





  1  parent to the custodial parent or the child throughout the

  2  proposed retroactive period.

  3         (d)  All periods in excess of 28 consecutive days in

  4  which the child resided with the noncustodial parent.

  5         (e)  The extent to which the custodial parent attempted

  6  to contact the noncustodial parent regarding child support.

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  9  ================ T I T L E   A M E N D M E N T ===============

10  And the title is amended as follows:

11         On page .....1...., line(s) 4 and 5...,

12  remove from the title of the bill:  all of said lines

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14  and insert in lieu thereof:

15         child support may be retroactive to the date

16         the petitioner became the primary residential

17         parent; providing criteria for the court to

18         consider;

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    File original & 9 copies    02/28/97
    hbd0005                     09:53 am         00189-0098-635295