HAWAII

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NPO AFFILIATE | HI

STATE CHAIR: Chris Lethem

POSITIVES:

  • Hawaii's PTA appropriately results in no presumptive child support transfer payment when parental income and parenting time are both equal.

NEGATIVES: 

  • Hawaii's PTA has an extraordinarily and unjustifiably high threshold of 144 days.

  • Hawaii's PTA has an extremely large discontinuity (or discontinuities), creating an extremely large cliff effect or multiple cliff effects.

  • Hawaii's PTA doesn't recognize the fixed, duplicated costs involved in shared parenting.

  • Hawaii's PTA does not take into account the effect on the payer parent's household.

2019 NPO Shared Parenting Report Card

WHY DID HAWAII RECEIVE A C?

POSITIVES:

  • Hawaii considers “[e]ach parent’s actions demonstrating that they allow the child to maintain family connections through family events and activities,” each parent’s ability to “separate the child’s needs from the parent’s needs,” and “[a] parent’s prior willful misuse of the protection from abuse process ... to gain tactical advantage in any proceeding involving the custody determination of a minor,” as factors in determining what custodial arrangement is in a child’s best interest. HAW. REV. STAT. § 571-46

  • Hawaii meets the minimum threshold of encouraging shared parenting. Hawaii statutes treat false allegations of abuse as a factor in custody decisions. HAW. REV. STAT. § 571-46(17)(b)(16)

NEGATIVES: 

  • Hawaii has no statutory preference for, or presumption of, shared parenting (joint legal custody and shared physical custody) for temporary or final orders.

  • Hawaii statutes do not explicitly provide for shared parenting during temporary orders.

  • Hawaii’s definition of “joint custody” is weak. It requires joint legal custody but, with respect to physical custody, it requires only “frequent, continuing, and meaningful contact with both parents.” HAW. REV. STAT. § 571-46

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