HB1312: relative to the court's discretion to extend child support obligations.

CHAPTER 136

HB 1312 – FINAL VERSION

17Mar2004… 0459h

04/22/04 1231s

6May2004… 1474eba

2004 SESSION

03-2252

05/09

HOUSE BILL 1312

AN ACT relative to the court’s discretion to extend child support obligations.

SPONSORS: Rep. Bickford, Straf 68

COMMITTEE: Children and Family Law

AMENDED ANALYSIS

This bill removes the court’s discretion to order child support, or payment of educational expenses, for adult children. It also provides the court with discretion to preserve an education savings account or to divide the account as a marital asset.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17Mar2004… 0459h

04/22/04 1231s

6May2004… 1474eba

03-2252

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to the court’s discretion to extend child support obligations.

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

136:1 Support and Custody of Children. Amend RSA 458:17, I to read as follows:

I. In all cases where there shall be a decree of divorce or nullity, the court shall make such further decree in relation to the support, education, and custody of the children as shall be most conducive to their benefit and may order a reasonable provision for their support and education for the period of time specified in RSA 458:35-c. All such support orders shall provide for the assignment of the wages of the responsible parent pursuant to RSA 458-B, including the exceptions listed in RSA 458-B:2.

136:2 Domestic Relations; Duration of Child Support. Amend RSA 458:35-c to read as follows:

458:35-c Duration of Child Support. [Unless the court or other body empowered by law to issue and modify support orders specifies differently,] The amount of a child support obligation stated in the order for support shall remain as stated in the order until all dependent children for whom support is provided in the order shall terminate their high school education or reach the age of 18 years, whichever is later, or become married, or become a member of the armed services, at which time the child support obligation, including all educational support obligations, terminates without further legal action. This amount shall remain as specified unless a legal order expressly allocates the payments on a per child basis. If the order involves a disabled child, the court shall specify the duration of the order, which may be beyond the time when the child reaches the age of 18.

136:3 Annulment, Divorce & Separation; Property Settlement; College Savings Account. Amend RSA 458:16-a, III to read as follows:

III. If either or both parties retain an ownership interest in an education savings account held on behalf of a child of the marriage, including a qualified tuition program under 26 U.S.C. Section 529, the court may, in its discretion, preserve the account for its original purpose or may treat the account as property of the marriage subject to equitable division under this section.

IV. The court shall specify written reasons for the division of property which it orders.

136:4 Applicability. Enactment of this law shall not constitute a substantial change in circumstances for purposes of modification pursuant to RSA 458-C:7.

136:5 Effective Date. This act shall take effect upon its passage.

(Approved: May 19, 2004)

(Effective Date: May 19, 2004)