SB193: relative to adjustments to the child support guidelines under special circumstances.

CHAPTER 121

SB 193 – FINAL VERSION

2007 SESSION

07-1178

05/04

SENATE BILL 193

AN ACT relative to adjustments to the child support guidelines under special circumstances.

SPONSORS: Sen. Gottesman, Dist 12; Sen. Reynolds, Dist 2; Sen. D’Allesandro, Dist 20; Sen. Roberge, Dist 9; Sen. Letourneau, Dist. 19; Rep. Walz, Merr 13; Rep. Gargasz, Hills 5; Rep. Julie Brown, Straf 1

COMMITTEE: Judiciary

ANALYSIS

This bill provides that adjustments to the child support guidelines shall be considered in light of the best interests of the child. The bill also establishes criteria for making adjustments to the child support guidelines in cases involving significantly high and low incomes and in shared parenting cases.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-1178

05/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to adjustments to the child support guidelines under special circumstances.

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

121:1 Adjustments to the Guidelines Under Special Circumstances. Amend the RSA 458-C:5, I to read as follows:

I. Special circumstances, including, but not limited to, the following, if raised by any party to the action or by the court, shall be considered in light of the best interests of the child and may result in adjustments in the application of support guidelines provided under this chapter. The court shall make written findings relative to the applicability of the following:

(a) Ongoing extraordinary medical, dental or education expenses, including expenses related to the special needs of a child, incurred on behalf of the involved children[;].

(b) Significantly high or low income of the obligee or obligor[;].

(1) In considering an adjustment when one or both parents have high income, the court shall consider whether the child support amount derived from application of the guidelines substantially exceeds the child’s or children’s reasonable needs, taking into account the style of living to which the child or children have become accustomed or will experience in either party’s home.

(2) In considering an adjustment when one or both parents have low income, the court shall determine how to optimize use of the parents’ combined incomes to arrive at the best possible outcome for the child or children, provided that the basic support needs of the child or children are met. In making this determination, the court may consider income tax consequences, the earned income tax credit, the allocation of the right of a parent to claim a child as a dependent for income tax purposes, and other child-related tax benefits.

(c) The economic consequences of the presence of stepparents, step-children or natural or adopted children[;].

(d) Reasonable expenses incurred by the obligor parent in exercising parental rights and responsibilities, provided that the reasonable expenses incurred by the obligee parent for the minor children can be met regardless of such adjustment[;].

(e) The economic consequences to either party of the disposition of a marital home made for the benefit of the child[;].

(f) The opportunity to optimize both parties’ after-tax income by taking into account federal tax consequences of an order of support[;], including the right to claim the child or children as dependents for income tax purposes.

(g) State tax obligations[;].

(h) Parenting schedule[;].

(1) Equal or approximately equal parenting residential responsibilities in and of itself shall not eliminate the need for child support and shall not by itself constitute ground for an adjustment.

(2) In considering requests for adjustments to the application of the child support guidelines based on the parenting schedule, the court may consider the following factors:

(A) Whether, in cases of equal or approximately equal residential responsibility, the parties have agreed to the specific apportionment of variable expenses for the children, including but not limited to education, school supplies, day care, after school, vacation and summer care, extracurricular activities, clothing, health insurance costs and uninsured health costs, and other child-related expenses.

(B) Whether the obligor parent has established that the equal or approximately equal residential responsibility will result in a reduction of any of the fixed costs of child rearing incurred by the obligee parent.

(C) Whether the income of the lower earning parent enables that parent to meet the costs of child rearing in a similar or approximately equal style to that of the other parent.

(i) The economic consequences to either party of providing for the voluntary or court-ordered postsecondary educational expenses of a natural or adopted child[;].

(j) Other special circumstances found by the court to avoid an unreasonably low or confiscatory support order, taking all relevant circumstances into consideration.

121:2 New Subparagraph; Parental Rights and Responsibilities; Support. Amend RSA 461-A:14, II by inserting after subparagraph (d) the following new subparagraph:

(e) In any case to establish, modify, or enforce an order of support where the obligor is unable to meet child support obligations for any reason, except as provided in RSA 461-A:14, XIII(a) and (b), the court may order the obligor to apply for and, if qualified, participate in food stamp and Medicaid programs, federal disability programs, and all applicable department of employment security programs to enable or enhance the obligor’s ability to meet his or her support obligations. When making such orders, the court shall include the requirement that the obligor report to the court his or her compliance with the order.

121:3 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 11, 2007

Effective: August 10, 2007