Bill Text: NH HB583 | 2023 | Regular Session | Amended


Bill Title: Relative to the termination of child support.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Engrossed - Dead) 2023-05-11 - Inexpedient to Legislate, Motion Adopted, Voice Vote === BILL KILLED ===; 05/11/2023; Senate Journal 14 [HB583 Detail]

Download: New_Hampshire-2023-HB583-Amended.html

HB 583-FN - AS AMENDED BY THE HOUSE

 

22Mar2023... 0793h

2023 SESSION

23-0474

04/08

 

HOUSE BILL 583-FN

 

AN ACT relative to the termination of child support.

 

SPONSORS: Rep. Spillane, Rock. 2; Rep. DeSimone, Rock. 18; Rep. Edwards, Rock. 31; Sen. Avard, Dist 12

 

COMMITTEE: Children and Family Law

 

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AMENDED ANALYSIS

 

This bill alters the time at which a child support obligation terminates.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22Mar2023... 0793h 23-0474

04/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Three

 

AN ACT relative to the termination of child support.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Parental Rights and Responsibilities; Support.  Amend RSA 461-A:14, IV to read as follows:

IV.  The amount of a child support obligation shall remain as stated in the order until the dependent child for whom support is ordered [completes his or her high school education or reaches the age of 18 years, whichever is later,] or marries, or becomes a member of the armed services, or is emancipated pursuant to an order of emancipation under RSA 461-B, or reaches the age of 18 years, unless the child is still a full-time student at a secondary or elementary school at age 18, then benefits will continue until the child graduates or until two months after the child becomes age 19, whichever is first, at which time the child support obligation, including all educational support obligations, [terminates] shall terminate without further legal action.  If the parties have a child with disabilities, the court may initiate or continue the child support obligation after the child reaches the age of 18.  No child support order for a child with disabilities which becomes effective after July 9, 2013 may continue after the child reaches age 21 unless the child is participating in a program approved by the state board of education, then through the child's 22nd birthday, at which point the child support obligation shall terminate.

2  Effective Date.  This act shall take effect 60 days after its passage.

 

LBA

23-0474

Revised 2/6/23

 

HB 583-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the termination of child support.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2023

FY 2024

FY 2025

FY 2026

   Appropriation

$0

$0

$0

$0

   Revenue

$0

Indeterminable

Indeterminable

Indeterminable

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - federal funds

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

METHODOLOGY:

This bill removes high school graduation as a condition for the termination of a child support obligation.  The Department of Health and Human Services indicates the fiscal impact of the bill is indeterminable, but anticipates a decrease in the collection of child support for families and a possible increase in State and local expenditures for public assistance programs.  In many cases, dependents turn 18 before they graduate high school and their families are still in need of support.  The current law requires the obligor to continue to pay support for an 18 year old so long as they are still in high school.  Under this bill, the obligor obligation ceases irrespective of the dependents completion of high school.  Accordingly, families may need to turn to public assistance to help support the dependent.  The Department assumes the fact that the dependent will still be attending high school would increase the likelihood of families applying for public assistance.  The Department states there would be additional costs associated with systems changes.  To fulfill its statutory duty to enforce child support orders, the Department relies on various procedures and automated systems to set up and track orders for enforcement.  Any changes to these procedures and systems could require changes to the New England Child Support Enforcement System (NECSES).  Such change would result in a one-time indeterminable increase in State expenditures.  In addition to system changes, the Bureau would need to rewrite internal policies and forms to account for the change in the law.  Under federal Title IV Section D of the Social Security Act, child support enforcement activities are funded with 66% federal funds and a 34% match of General Funds.  The bill makes no appropriation for its implementation.  

 

It is assumed that any fiscal impact would occur after FY 2023.

 

AGENCIES CONTACTED:

Department of Health and Human Services

 

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