Child Support in Hawaii

How Hawaii's guidelines are built

HRS 576D-7 directs the family court, working with CSEA, to set statewide guidelines based on specific descriptive and numeric criteria. The guidelines can weigh both parents' net earnings after taxes and Social Security. They can also weigh each parent's earning potential and reasonable necessities, the needs of the child, and the amount of public assistance the child would otherwise receive. They also consider whether the obligor parent has other dependents. The statute directs the guidelines to avoid placing any parent or child below the poverty level.

The guidelines also aim to avoid extreme swings in either parent's income based on custody. Up to 30 hours a week of minimum-wage income can be imputed to a nonworking parent whose child is already school age. Hawaii's family court updates the guidelines at least once every four years.

Applying for CSEA services

The Child Support Enforcement Agency, part of Hawaii's Department of the Attorney General, is the state's IV-D agency. CSEA offers program information and services covering paternity establishment, order processing, locate services for a missing parent, interstate cases, and payment processing. A parent can apply for these services directly through CSEA rather than only through the family court.

Who hears a Hawaii child support case

Hawaii's family courts have jurisdiction over child support matters, and CSEA participates directly in establishing and reviewing orders under Title IV-D. A parent generally has a choice of forum for a review and adjustment request. HRS 576D-7 lets a parent petition either the family court or CSEA itself for a periodic review of an existing order.

Modifying an existing order

HRS 576D-7 presumes a material change in circumstances under one condition. This applies when recalculating support under the current guidelines produces an amount 10 percent greater or less than the existing order. This includes cases where the guidelines themselves are updated. Separately, a responsible or custodial parent can petition the family court or CSEA for a review and adjustment once every three years. This does not require proving any change in circumstances. A parent can petition more often than that if a subsequent request is backed by proof of a substantial or material change.

Enforcement tools

CSEA lists a wide set of enforcement tools it can use against a parent who falls behind. These include income withholding served directly on an employer. They also include the State Tax Refund Setoff Program, the Federal Tax Refund Offset Program, an administrative offset program, and passport denial. CSEA can also use financial institution data matching, credit bureau reporting, liens, license suspension, and medical support enforcement. Income withholding applies whether or not the parent has an arrearage. CSEA also coordinates with the state's Department of Labor and Industrial Relations to withhold support from unemployment benefits.