HB177: excluding stepchildren from the definition of "child" in the context of support orders.

HB 177 - AS INTRODUCED

2003 SESSION

03-0645

05/01

HOUSE BILL 177

AN ACT excluding stepchildren from the definition of "child" in the context of support orders.

SPONSORS: Rep. Bickford, Straf 68

COMMITTEE: Children and Family Law

ANALYSIS

This bill excludes stepchildren from the definition of "child" in the context of support orders.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0645

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT excluding stepchildren from the definition of "child" in the context of support orders.

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

1 Support of Dependent Children; Definition of Child. Amend RSA 161-B:2, II to read as follows:

II. "Child" or "children" means any child who is not emancipated, self-supporting or married, and shall include natural[,] and adoptive[, and stepchildren] children.

2 Support of Dependent Children; Definition of Dependent Child. Amend RSA 161-B:2, IV to read as follows:

IV. "Dependent child" shall mean any natural[,] or adoptive[, or stepchild] child, who has not reached the age of 18 and is not self-supporting, married, or a member of the armed services.

3 Support of Dependent Children; Definition of Responsible Parent. Amend RSA 161-B:2, XIV to read as follows:

XIV. "Responsible parent" or "parent" means a natural[,] or adoptive [or step-parent] parent.

4 Alternative Method of Support Enforcement for Dependent Children; Definition of Dependent Child. Amend RSA 161-C:2, II to read as follows:

II. "Dependent child" means any natural[,] or adoptive[, or stepchild] child who is not self-supporting, married, or a member of the armed services, or who has not reached the age of 18 years.

5 Alternative Method of Support Enforcement for Dependent Children; Definition of Responsible Parent. Amend RSA 161-C:2, IX to read as follows:

IX. "Responsible parent" means the natural[,] or adoptive [or step-parent] parent of a dependent child.

6 Wage Assignment; Definition of Dependent Child. Amend RSA 458-B:1, II to read as follows:

II. "Dependent child" means any natural[,] or adoptive[, or stepchild] child who has not reached the age of 18 and is not self-supporting, married, or a member of the armed services.

7 Uniform Civil Liability for Support; Definition of Child and Father or Mother. Amend RSA 546-A:1, IV and V to read as follows:

IV. "Child" means either a natural or adopted child [or a stepchild].

V. "Father" or "mother" means either a natural or adopted father or mother [or a stepfather or stepmother].

8 Repeal. RSA 458-C:4, III, relative to including stepchildren in the application of the child support guidelines, is repealed.

9 Effective Date. This act shall take effect January 1, 2004.

LBAO

03-0645

1/30/03

HB 177 FISCAL NOTE

AN ACT excluding stepchildren from the definition of "child" in the context of support orders.

FISCAL IMPACT:

The Department of Health and Human Services stated this bill will decrease state revenue by $32,260 in FY 2004 and $64,519 in each year thereafter. County revenue will decrease by $10,753 in FY 2004 and $21,506 in FY 2005 and each year thereafter. There will be no fiscal impact on state, county and local expenditures or local revenue.

METHODOLOGY:

The Department indicated it currently provides services to establish and enforce child support orders against non-custodial parents including stepparents. The Department assumed this bill will eliminate the statutory obligation of stepparents to provide child support during the period between filing for divorce and the final decree. The Department cannot determine the number of cases involving stepparent liability but expect the number is small and the impact on collections and recovery of public assistance funds to be minimal. The Department further stated this bill will not effect eligibility requirements for public assistance.

The Department administers a revolving fund from which counties are reimbursed for services provided to children through County Human Services Departments under the Child Protection Act. The estimated impact on state and county revenue is based on 2001 information from the New Hampshire Association of Counties which estimated 25% of the reimbursements were attributable to households with a stepparent or "blended families". The Department estimated the impact on state and county revenue as follows:

Amount reimbursed based on FY 2002 $688,205

25% of $688,205 attributable to "blended families" = $172,050

Less amount stepparent no longer contributes = (86,025)

(based on 50% of the family income)

Remaining Contribution = $ 86,025

Reduction in State Revenue -75% ($ 64,519)

Reduction in County Revenue -25% ($ 21,506)

With an effective date of January 1,2004, one half of the annual fiscal impact would be realized in FY 2004.