06 AM 29
0426
LOST
Senators
Miles of the 43rd, Butler of the 55th and Brown of the 26th offered the
following amendment:
Amend
SB 382 by striking lines 32 through 36 of page 17 and lines 1 through 13 of page
18 and inserting in lieu thereof the following:
(C)
THEORETICAL
CHILD SUPPORT
ORDERS.
In addition to the adjustments to Gross Income for self-employment taxes
provided in subparagraph (A) of this paragraph and for Preexisting Orders
provided in subparagraph (B) of this paragraph, credits for either
Parent́s
other Qualified Child living in the
Parent́s
home for whom the Parent owes a legal duty of support may be considered by the
Court for the purpose of reducing the
Parent́s
Gross Income. Use of this credit is appropriate when a child support order is
entered. Credits may also be appropriate when a child support order is modified
to rebut a claim for increased child support brought by the Custodial Parent.
To consider a
Parent́s
other Qualified Children for determining the Theoretical Child Support Order, a
Parent shall present documentary evidence of the Parent-Child relationship to
the Court. Adjustments to income pursuant to this paragraph may be considered
in such circumstances in which the failure to consider a Qualified Child would
cause substantial hardship to the Parent. However, no credit for a
Parent́s
other Qualified Child shall be granted if such credit will impair the ability of
the Custodial Parent to maintain minimally adequate housing, food, and clothing
and provide for other basic necessities for the Child being supported by the
court order. If the Court, in its discretion, decides to apply the Qualified
Child adjustment, the Basic Child Support Obligation of the Parent for the
number of other Qualified Children living with such Parent shall be determined
based upon that
Parent́s
Gross Income. Except for self-employment taxes paid, no other amounts shall be
subtracted from the
Parent́s
Gross Income when calculating a Theoretical Child Support Order under this
subparagraph. The Basic Child Support Obligation for such Parent shall be
multiplied by 75 percent and the resulting amount shall be subtracted from such
Parent́s
Gross Income and entered on the Child Support Schedule B – Adjusted
Income.