HB1332: relative to child support in cases of shared custody.

HB 1332 - AS INTRODUCED

2003 SESSION

03-2285

05/10

HOUSE BILL 1332

AN ACT relative to child support in cases of shared custody.

SPONSORS: Rep. Lawrence, Hills 66

COMMITTEE: Children and Family Law

ANALYSIS

This bill provides that in cases of shared physical custody, child support shall be adjusted based on the amount of time that the child spends with the obligor parent.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2285

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to child support in cases of shared custody.

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

1 Application of Child Support Guidelines; Reference Added. Amend RSA 458-C:4, I to read as follows:

I. Subject to the provisions of RSA 458-C:5 and RSA 458-C:5-a, guidelines provided under this chapter shall be applied in all child support cases, including temporary orders, and in any order modifying a support order.

2 New Section; Adjustments to the Application of Guidelines in Cases of Shared Physical Custody. Amend RSA 458-C by inserting after section 5 the following new section:

458-C:5-a Adjustments to the Application of Guidelines in Cases of Shared Physical Custody. Notwithstanding RSA 458-C:4, in cases of shared physical custody, the child support guidelines shall not apply or shall be modified based on the amount of time that the obligor parent has physical custody of the child. If the child spends 65 percent of the time or less with the obligor parent, the obligor parent shall not be required to pay the obligee parent child support for the period of time in which the obligor has physical custody of the child, provided that the reasonable expenses incurred by the obligee parent for the minor child can be met regardless of such adjustment. Regardless of income considerations, neither parent shall be required to pay child support if the child is in the physical custody of that parent for more than 65 percent of the time. Nothing in this section shall prevent the court from further modification of the child support guidelines based on special circumstances under RSA 458-C:5.

3 Repeal. RSA 458-C:5, I(h), relative to discretionary adjustments to the child support guidelines in cases of split or shared custody, is repealed.

4 Effective Date. This act shall take effect January 1, 2005.