2008 Senate Bill 1431 (Revise Friend of the Court procedures )

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Introduced by Sen. Bill Hardiman (R) on June 26, 2008, to allow the chief judge of a circuit court, the prosecuting attorney for a county, and the county board of commissioners to enter an agreement to delegate to the Friend of the Court office the prosecutor’s duties related to paternity and child support orders. The bill would also add pregnancy expenses to amount a court can order the father of a child born out of wedlock to pay; prohibit a child support order from being retroactive to before the support complaint was filed; and provide for the abatement of any remaining unpaid pregnancy expenses if the father married the mother or became reconciled.
- Referred to the Senate Families and Human Services Committee on June 26, 2008.
  - Reported in the Senate on November 13, 2008, with the recommendation that the substitute (S-1) be adopted and that the bill then pass.
- Substitute offered in the Senate on November 13, 2008, to replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described. The substitute passed in the Senate by voice vote on November 13, 2008.
Passed in the Senate (35 to 0) on November 13, 2008. [Vote Details and Comments]
Received in the House on November 13, 2008.
- Referred to the House Family and Childrens Services Committee on November 13, 2008.
  - Reported in the House on December 3, 2008, without amendment and with the recommendation that the bill pass.

Most Recent Comments

1) Ex Parte Communications Prosecutorial Conflicts of Interest [by Anonymous Citizen on November 3, 2008]

SB 1430 allows FOC officers to act as prosecuting attorneys. Given that FOC officers work closely with judges every day, all judges will likely have ex-parte communications with the FOC officers acting as PAs in their cases. It's likely that FOC officers will not be subject to civil judgments or criminal charges to which PAs are subject, as they're not lawyers or officers of the court, have financial conflicts of interests in prosecuting child support debtors, and will not be expected to understand when their prosecutions extend into malicious prosecution. Extends the multiple collectors problem which can encourage fraud, indefinitely.

SB 1431 same as 1430, but also assigns birth expenses to dad. Some restrictions on retroactive support orders preventing them from starting before the initial filing.

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2) 2008 Senate Bill 1431 (Revise Friend of the Court procedures ) [by admin on January 1, 2001]
Introduced in the Senate on June 26, 2008, to allow the chief judge of a circuit court, the prosecuting attorney for a county, and the county board of commissioners to enter an agreement to delegate to the Friend of the Court office the prosecutor’s duties related to paternity and child support orders. The bill would also add pregnancy expenses to amount a court can order the father of a child born out of wedlock to pay; prohibit a child support order from being retroactive to before the support complaint was filed; and provide for the abatement of any remaining unpaid pregnancy expenses if the father married the mother or became reconciled

The vote was 35 in favor, 0 opposed and 3 not voting

(Senate Roll Call 693 at Senate Journal 87)

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