HB310: (New Title) establishing a commission to study child support and related child custody issues.

CHAPTER 277

HB 310 - FINAL VERSION

04/10/03 1080s

04/10/03 1239s

24jun03... 1851CofC

30jun03... 2301eba

2003 SESSION

03-0843

05/09

HOUSE BILL 310

AN ACT establishing a commission to study child support and related child custody issues.

SPONSORS: Rep. Bickford, Straf 68

COMMITTEE: Children and Family Law

AMENDED ANALYSIS

This bill establishes a commission to study child support and related child custody issues.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/10/03 1080s

04/10/03 1239s

24jun03... 1851CofC

30jun03... 2301eba

03-0843

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT establishing a commission to study child support and related child custody issues.

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

277:1 Commission Established; Membership. There is established a commission to study child support and related child custody issues. The commission shall consist of the following members:

I. The governor, or a designee.

II. Two members of the senate, appointed by the president of the senate.

III. Two members of the house of representatives, appointed by the speaker of the house of representatives.

IV. The administrator of the office of child support enforcement services, or a designee.

V. Two public members representing the interests of custodial parents, appointed by the governor.

VI. Two public members representing the interests of non-custodial parents, appointed by the governor.

VII. Two public members involved in or representing the interests of joint or shared custody parenting arrangements, appointed by the governor.

VIII. One guardian ad litem who has experience with child custody and support cases, appointed by the chief justice of the superior court or guardian ad litem board.

IX. The chair of the family law section of the New Hampshire Bar Association, or designee.

277:2 Duties of the Commission. The commission shall:

I. Review RSA 458:17 and RSA 458-C, including RSA 458-C:5, addressing special circumstances warranting adjustments to the application of the child support guidelines, to determine their effectiveness and fairness and to minimize incentives for unnecessary adversarial proceedings between parents, and to promote better outcomes for children and families.

II. Review RSA 639:3, I and RSA 639:4, regarding criminal sanctions for non-support, to determine their effectiveness and fairness.

III. Study the impact of the costs of providing medical insurance and dental care for the non-custodial parent and as part of a child support order.

IV. Study federal and other states' child support guidelines, statutes, and legislation with a view toward improving New Hampshire's child support formula. Specifically, the commission shall determine the amount of financial support necessary to adequately support a child in New Hampshire.

V. Study joint and shared custody arrangements with a view toward making recommendations for changes to the child support guidelines formula.

VI. Hold 4 public hearings at separate geographic locations around the state for the purpose of obtaining testimony from the public on child support issues.

VII. Study the relationships between visitation, custody, and child support and consider the merits of more specific standards for the sharing of child support costs such as a pro ration of costs based on the number of days in each month when a parent has physical custody rights, whether during visitation or otherwise.

VIII. Review the self-support level necessary and determine appropriate minimum and maximum levels for both self-support and support.

IX. Make recommendations for any proposed legislation that the commission deems necessary.

277:3 Agency Support. The commission may request relevant information and testimony as well as reasonable administrative support from the department of health and human services.

277:4 Appointments; Mileage. Appointments of all members of the commission shall be made within 30 days of the effective date of this act. The members of this commission shall serve without compensation, except that legislative members shall receive compensation for mileage at the usual legislative rate.

277:5 Officers; Meetings. The first meeting of this commission shall be called within 60 days after the effective date of this act by the governor or designee under paragraph I of section 1. At the first commission meeting, the members shall choose a chairperson and a vice chairperson by majority vote from among the membership. After the first meeting, all commission meetings shall be called by the chairperson. Meeting dates and places shall be set at the discretion of the commission.

277:6 Reports. The commission shall submit a preliminary report of its findings and recommendations on or before November 1, 2003, and a final report of its findings and recommendations on or before December 1, 2004, to the speaker of the house of representatives, the senate president, the governor, the house clerk, the senate clerk, and the state library.

277:7 Effective Date. This act shall take effect upon its passage.

(Approved: July 18, 2003)

(Effective Date: July 18, 2003)