SB520: (New Title) relative to child support modification and service of divorce petitions.

CHAPTER 169

SB 520 – FINAL VERSION

02/12/04 0355s

5May2004… 1000h

5May2004… 1461h

2004 SESSION

04-3247

05/09

SENATE BILL 520

AN ACT relative to child support modification and service of divorce petitions.

SPONSORS: Sen. Sapareto, Dist 19; Sen. Clegg, Dist 14; Sen. Roberge, Dist 9; Rep. Bickford, Straf 68

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill provides that a motion for modification of child support shall be effective from the date of service or the date of notice to the respondent; provided, that such notice is by certified mail, restricted delivery, return receipt requested.

The bill also provides that in state service of a divorce petition shall be made in hand or by certified mail within 25 days of receipt of the orders of notice.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/12/04 0355s

5May2004… 1000h

5May2004… 1461h

04-3247

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to child support modification and service of divorce petitions.

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

169:1 Child Support Guidelines; Modification of Order. Amend RSA 458-C:7 to read as follows:

458-C:7 Modification of Order.

I. The obligor or obligee may apply to the court or, when the department of health and human services has issued a legal order of support pursuant to RSA 161-C, to the department, whichever issued the existing order, for modification of such order 3 years after the entry of the last order for support, without the need to show a substantial change of circumstances. This section shall not prohibit the obligor or obligee from applying at any time for a modification based on substantial change of circumstances.

II. Any child support modification shall not be effective prior to the date that notice of the petition for modification has been given to the respondent. “Notice” means:

(a) Service as specified in civil actions; or

(b) Acceptance of a copy of the petition, as long as the petition is filed no later than 30 days following said acceptance, and as long as the petitioner provides proof of acceptance by a certified mail receipt. Nothing in this subparagraph shall be construed to affect service as required by law.

169:2 Support and Custody of Children; Date of Modification. Amend RSA 458:17, VIII to read as follows:

VIII. No modification of a support order shall alter any arrearages due prior to the date of [filing] notice of the [motion] petition for modification as provided in RSA 458-C:7.

169:3 Repeal. RSA 458-C:3, IV(c), relative to the effective date of a petition for modification, is repealed.

169:4 Annulment, Divorce, and Separation; Service of Petition. RSA 458:9, II is repealed and reenacted to read as follows:

II. An individual petition shall be filed with the appropriate court, together with the filing fee, by the petitioner. Upon the filing of a petition, the court shall issue orders of notice, attached to the petition, which the petitioner shall then serve on the respondent as provided in this section:

(a) Service within the state shall be made either by:

(1) A sheriff, in hand or by leaving an attested copy of the petition, orders of notice, and an appearance form at the respondent’s abode, within 25 days of receipt of orders of notice. The return of service shall state the street and number, or some other description, of the abode. The petitioner shall file the return of service with the court as proof of service.

(2) Certified mail, return receipt requested, restricted delivery, mailed within 7 days of receipt of orders of notice, signed by the addressee only. The petitioner shall file the return receipt with the court as proof of service.

(b) Service outside the state shall be made either by:

(1) An officer authorized to make service of process in the state where the respondent lives. Proof of out-of-state service shall be made by a return of the officer under oath, accompanied by an official certificate of his or her official character or authority. The petitioner shall file the return of service with the court as proof of service.

(2) Certified mail, return receipt requested, restricted delivery, signed by the addressee only. The petitioner shall file the return receipt with the court as proof of service.

169:5 Contingency. If HB 532 of the 2004 legislative session becomes law, then section 4 of this act shall take effect at 12:01 a.m. on the effective date of HB 532. If HB 532 of the 2004 legislative session does not become law, then section 4 of this act shall not take effect.

169:6 Effective Date.

I. Section 4 of this act shall take effect as provided in section 5.

II. Section 5 of this act shall take effect upon its passage.

III. The remainder of this act shall take effect 60 days after its passage.

(Approved: May 24, 2004)

(Effective Date: I. Section 4 shall take effect as provided in section 5.

II. Section 5 shall take effect May 24, 2004.

III. Remainder shall take effect July 23, 2004.)