Voucher Bill has the Votes!
Voucher Bill has the Votes
Well according to my sources, when push comes to shove vouchers legislation will pass the House with 40 or 41 votes, not 38.
http://deseretnews.com/dn/view/0,1249,655191416,00.html
Another interesting tidbit of information in this annual slugfest is the revelation that Vic Arnold, the UEA lobbyist, is the Chair for the Democrat State Party Education Committee.
This should eliminate any doubt that the UEA is a direct extension of the Utah Democratic State Party. So let’s quit kidding ourselves folks.
The Spyglass
Well according to my sources, when push comes to shove vouchers legislation will pass the House with 40 or 41 votes, not 38.
http://deseretnews.com/dn/view/0,1249,655191416,00.html
Another interesting tidbit of information in this annual slugfest is the revelation that Vic Arnold, the UEA lobbyist, is the Chair for the Democrat State Party Education Committee.
This should eliminate any doubt that the UEA is a direct extension of the Utah Democratic State Party. So let’s quit kidding ourselves folks.
The Spyglass
1 comment:
Dear Legislator,
Please VOTE NO on Senate Bill 184, Revisions to Child Support sponsored by Senator Lyle Hillyard.
This bill aims to include in the definition of 'child support' attorney fees associated with obtaining a 'child support order'. It is important to read the proposed legislation to better understand the implications. There is a definition for 'child support' which is an elenment in the defining of a 'child support order'. It is important to read and understand the nuances in the definitions of both. This bill represents the interests of attorneys and ORS, not the best interest of the child. VOTE NO on this bill.
Here is the concern.
This bill (as proposed) will benefit attorneys that represent the custodial parent in child support disputes and works against a losing party if attorney fees are assessed as included in the definition of 'child support' as oppossed as only a 'debt' owed. Support diputes regularly result in a new 'child support order'. Currently, In a 'child support order' there will be terms addressing attorney fees as separate from 'child support' monetary payments. (See the definitions of both) This is proper as ORS has a duty only to address monies associated directly with 'child support', including health insurance, monetary support from calculated tables, arrears, and unfortunately any 'alimony' ordered. [I disagree that 'alimony' should have been included in the definition of 'child support' as alimony is completely separate from 'child support' calcuations.] The changes in this bill would allow an attorney to join the gravy train by perhaps justifying that since alimony can be included in the definition of 'child support' then attorney's fees should as well. The motive for this move is clear. It is to avail the attorney to the collection services of ORS. This is a clear erroneous and a misconstruction of intention of 'child support' monetary payment and collection.
Case history in other states has shown a concern that attempts to attach attorney fees to 'chid support' collection methods have the propensity to cause serious consequences. For example, Texas law supports that attorney fees may only be awarded as costs enforceable by debt and further prohibits the imprisoning of a person for private debt. This is signifcant because If attorney fees are awaded as 'child support', those fees are then not viewable as 'debt' any longer by statutory definition and are not subject to the laws govening debt, but by the laws governing 'child support'. In this scenario the 'attorney fees' would then be enforced by 'contempt orders' - including possible imprisonment for the 'child support' owed (which now contains the attorney's fees). The characterization of attorney fees as 'child support' will permit the court in a contempt hearing to issue an order withholding earnings for such 'attorney fees' through the use of ORS and its remedies up to and and possibly including imprisonment. Finley v. May, 154 S.W.3d 196 [Tex.App.-2004]. This would be an erroneous application of the intent of 'child support' definitions and way to circumvent current debt processes and legal remedies of such.
There must be a distinction between assessment of 'attorney fees' to be levied as included in 'child support' when seeking to 'enforcing an order' (This is more akin to a contempt of court charge and related fee) and assessing 'attorney fees' when seeking modification suits' where the obligor has not yet been found in contempt. In many 'child support' cases, the issue is over a controversy of calculation of earnings - these cases would fall under 'modification suits'. However, under the proposed legislation, a 'modification suit' that awards 'attorney fees' could easily be misconstued as a suit seeking to 'establish a new support order'. In the latter case, attorney fees would automatically be assessed as 'child support' obligations that ORS would then be engaged to collect.
Vote NO on this proposal. (see proposed bill below)
See: www.mf4j.org for more information.
Cordially,
Jeff Rifleman
Director of Communications
Men and Fathers for Justice
www.menandfathersforjustice.org
www.mf4j.org
801-510-0503
S.B. 184
1
REVISIONS TO CHILD SUPPORT
2
DEFINITIONS
3
2007 GENERAL SESSION
4
STATE OF UTAH
5
Chief Sponsor: Lyle W. Hillyard
6
House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill adds attorney fees incurred in obtaining a child support award to the
11 definitions of child support.
12 Highlighted Provisions:
13 This bill:
14 . adds attorney fees incurred in obtaining a child support award to the definitions of
15 child support.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 62A-11-401, as last amended by Chapter 161, Laws of Utah 2000
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 62A-11-401 is amended to read:
26 62A-11-401. Definitions.
27 As used in this part and in Part 5:
--------------------------------------------------------------------------------
28 (1) "Business day" means a day on which state offices are open for regular business.
29 (2) "Child" is defined in Section 62A-11-303 .
30 (3) "Child support" means a base child support award as defined in Subsection
31 78-45-2 (4), or a financial award for uninsured monthly medical expenses, ordered by a tribunal
32 for the support of a child, including current periodic payments, all arrearages which accrue
33 under an order for current periodic payments, and sum certain judgments awarded for
34 arrearages, medical expenses, and child care costs. Child support includes:
35 (a) obligations ordered by a tribunal for the support of a spouse or former spouse with
36 whom the child resides if the spousal support is collected with the child support[.]; and
37 (b) attorney fees incurred in establishing a child support order.
38 (4) "Child support order" or "support order" means a judgment, decree, or order,
39 whether temporary, final, or subject to modification, issued by a tribunal for child support and
40 related costs and fees, interest and penalties, income withholding, [ attorneys'] attorney fees, and
41 other relief.
42 (5) "Child support services" is defined in Section 62A-11-103 .
43 (6) "Delinquent" or "delinquency" means that child support in an amount at least equal
44 to current child support payable for one month is overdue.
45 (7) "Immediate income withholding" means income withholding without regard to
46 whether a delinquency has occurred.
47 (8) "Income" is defined in Section 62A-11-103 .
48 (9) "Jurisdiction" means a state or political subdivision of the United States, a territory
49 or possession of the United States, the District of Columbia , the Commonwealth of Puerto
50 Rico, an Indian tribe or tribal organization, or any comparable foreign nation or political
51 subdivision.
52 (10) "Obligee" is defined in Section 62A-11-303 .
53 (11) "Obligor" is defined in Section 62A-11-303 .
54 (12) "Office" is defined in Section 62A-11-103 .
55 (13) "Payor" means an employer or any person who is a source of income to an obligor.
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