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HB94: relative to overpayments of child support.

Bill status: Signed by Governor

Bill details

Version history, amendments, and roll-call votes were not present in the imported local bill data.

Sponsors

Topics

Criminal justice and courts Children and family law

Official links

CHAPTER 274

HB 94 – FINAL VERSION

06/07/07 2012s

2007 SESSION

07-0480

05/09

HOUSE BILL 94

AN ACT relative to overpayments of child support.

ANALYSIS

This bill permits the court to correct an overpayment of child support by ordering the obligee to directly reimburse the obligor or amending the child support obligation to account for the overpayment. The bill also permits the obligor to seek reimbursement for an overpayment that occurs pending a motion for modification.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06/07/07 2012s

07-0480

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to overpayments of child support.

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

274:1 New Paragraph; Child Support Guidelines; Overpayment. Amend RSA 458-C:7 by inserting after paragraph II the following new paragraph:

III. Whenever the court, pursuant to this chapter, modifies a support order which results in an overpayment of support, the court shall order, absent a showing of undue hardship, the obligee to directly reimburse the obligor for such overpayment of support or order an adjustment to the modified support order until reimbursement of the overpayment has been satisfied. Any reimbursement ordered shall be only for an overpayment that occurs after the date that notice of the petition for modification of support order was given to the respondent. The court shall enter an order for reimbursement as a provision of the modified order, which order for reimbursement shall take effect 30 days after issuance, unless either the obligor or obligee requests, within such 30-day period, a separate hearing to determine the amount and frequency of reimbursement.

274:2 Effective Date. This act shall take effect January 1, 2008.

Approved: July 3, 2007

Effective: January 1, 2008