HB583: relative to the termination of child support.

HB 583-FN - AS AMENDED BY THE HOUSE

22Mar2023... 0793h

2023 SESSION

23-0474

04/08

HOUSE BILL 583-FN

AN ACT relative to the termination of child support.

SPONSORS: Rep. Spillane, Rock. 2; Rep. DeSimone, Rock. 18; Rep. Edwards, Rock. 31; Sen. Avard, Dist 12

COMMITTEE: Children and Family Law

AMENDED ANALYSIS

This bill alters the time at which a child support obligation terminates.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22Mar2023... 0793h 23-0474

04/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT relative to the termination of child support.

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

1 Parental Rights and Responsibilities; Support. Amend RSA 461-A:14, IV to read as follows:

IV. The amount of a child support obligation shall remain as stated in the order until the dependent child for whom support is ordered [completes his or her high school education or reaches the age of 18 years, whichever is later,] or marries, or becomes a member of the armed services, or is emancipated pursuant to an order of emancipation under RSA 461-B, or reaches the age of 18 years, unless the child is still a full-time student at a secondary or elementary school at age 18, then benefits will continue until the child graduates or until two months after the child becomes age 19, whichever is first, at which time the child support obligation, including all educational support obligations, [terminates] shall terminate without further legal action. If the parties have a child with disabilities, the court may initiate or continue the child support obligation after the child reaches the age of 18. No child support order for a child with disabilities which becomes effective after July 9, 2013 may continue after the child reaches age 21 unless the child is participating in a program approved by the state board of education, then through the child's 22nd birthday, at which point the child support obligation shall terminate.

2 Effective Date. This act shall take effect 60 days after its passage.

LBA

23-0474

Amended 4/19/23

HB 583-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2023-0793h)

AN ACT relative to the termination of child support.

FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2023

FY 2024

FY 2025

FY 2026

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

$0

$104,380 general funds; $202,620 federal funds

Indeterminable

Indeterminable

Funding Source:

[ X ] General [ ] Education [ ] Highway [ X ] Other - Federal funds

LOCAL:

Revenue

$0

$0

$0

$0

Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

METHODOLOGY:

This bill amends RSA 461-A:14, IV, by requiring that the amount of a child support obligation be as stated in the order until the dependent child reaches age 18, unless the child is still a full-time student at a secondary or elementary school. If the child remains a full-time student, benefits will continue until the child graduates or two months after the child becomes age 19, whichever comes first. At that time, the child support obligation, including all educational support obligations, shall terminate without further action. Under current law, obligors are required to continue paying child support past the age of 19 years and two months if the child is still working toward his or her high school education.

In addition to the change above, in cases in which a child has a disability and support has been extended to age 21, the bill further extends support to age 22 if the child is enrolled in a program approved by the state Board of Education.

The Department of Health and Human Services states that by ending support at the age of 19 years and two months regardless of the child's education status, the bill may lessen the amount of child support that is required (and hence collected) in certain circumstances. As a result, the Department predicts the bill may cause an indeterminable increase in state and local costs for public assistance programs. In addition, the Department anticipates there will be costs associated with systems changes. To fulfill its statutory duty to enforce child support orders, the Department relies on various procedures and automated systems to set up and track orders for enforcement. Any changes to these procedures and systems require changes to the New England Child Support Enforcement System (NECSES). Under federal Title IV Section D of the Social Security Act, child support enforcement activities are funded with 34 percent state general funds and 66 percent federal funds. The Department anticipates a one-time expenditure of $307,000 in FY24, of which $104,380 will be state general funds and $202,620 will be federal funds. The bill makes no appropriation for its implementation.

It is assumed that any fiscal impact will begin in FY24.

AGENCIES CONTACTED:

Department of Health and Human Services