Senate Bill 0105
DIGEST OF SB105 (Updated January 29, 2008 4:37 pm - DI 84)
Paternity and child support. Requires the department of child services (department) to: (1) implement a pilot program for establishing and enforcing paternity and child support; and (2) select counties to participate in the program. Requires the department to: (1) employ administrative law judges (ALJ); (2) serve notice of financial responsibility to an obligee and obligor concerning a child support obligation; (3) schedule a negotiation conference between the parties not more than 30 days after the department issues the notice; and (4) reschedule a negotiation conference. Requires an obligor and obligee to appear for or reschedule the negotiation conference. Requires the department to issue: (1) an order of child support if the parties stipulate to an agreement; (2) an order for genetic testing if the parties do not agree and the obligor contests paternity; (3) a temporary order of child support and request for an administrative hearing if the parties do not agree and there is an executed paternity affidavit or the results of a genetic test indicate at least a 99% probability that a man is the child's biological father; (4) a default order of child support if the obligor fails to appear for or reschedule a negotiation conference and there is an executed paternity affidavit or the results of a genetic test indicate at least a 99% probability that a man is the child's biological father; and (5) a default order of paternity and child support if the obligor fails to meet certain requirements. Allows: (1) the department to dismiss an action if the results of a genetic test do not indicate at least a 99% probability that a man is the child's biological father; and (2) the department, an obligor, or an obligee to request an administrative hearing if the department issues a default order. Requires an ALJ to: (1) determine the matter of paternity and child support de novo; and (2) include written findings and conclusions in the ALJ's order. Requires the department and an ALJ to determine a child support obligation by applying the child support guidelines. Allows: (1) an obligor or obligee to file a written request with the department for the review and adjustment of a child support order; and (2) a party to seek judicial review of an ALJ's order. Provides that a nonresident obligee is not required to appear at a negotiation conference or an administrative hearing. Requires: (1) the department to file orders and other documents with the clerk of a court; and (2) the clerk to stamp the date of receipt on a copy of an order and assign a cause number. Provides that: (1) an ALJ is subject to the rules adopted by the department; (2) an order filed by the department with the court has all the force, effect, and remedies of an order of the court; and (3) if a genetic test is requested after the execution of a paternity affidavit, the court shall order the test to be paid out of the county general fund or by the party who requested the test. Provides that if the parties stipulate to an agreement of a child support obligation at the negotiation conference, the department: (1) shall issue an order of child support and establish parenting time; and (2) may include an order of custody if the parties agree.
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