HB591 (2006) Detail

(New Title) relative to the inclusion of health insurance in the calculation of child support.


HB 591 – AS AMENDED BY THE HOUSE

04Jan2006… 0117h

2005 SESSION

05-0904

05/10

HOUSE BILL 591

AN ACT relative to the inclusion of health insurance in the calculation of child support.

SPONSORS: Rep. Bickford, Straf 3

COMMITTEE: Children and Family Law

AMENDED ANALYSIS

This bill provides that the amount paid by either parent for family medical and dental insurance coverage for the minor children reduces their income for purposes of calculating child support. The bill also requires the child support order to address responsibility for medical insurance co-payments.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04Jan2006… 0117h

05-0904

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to the inclusion of health insurance in the calculation of child support.

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

1 Child Support Guidelines; Definition of Adjusted Gross Income; Credit for Cost of Medical Insurance. Amend RSA 458-C:2, I(e) to read as follows:

(e) Amounts actually paid by the obligor for allowable child care expenses [or medical insurance coverage for the minor children to whom the child support order applies].

(f) Amounts actually paid by the obligor for family medical insurance coverage for the minor children to whom the child support order applies.

(g) Amounts actually paid by the obligor for dental insurance coverage for the minor children to whom the child support order applies.

2 Child Support Formula; Reference to Family Added. Amend RSA 458-C:3, II(b) and (c) to read as follows:

(b) The total child support obligation shall be divided between the parents in proportion to their respective incomes as adjusted by this section, except when there are incurred by the obligee child care expenses or for the actual amount paid for family medical and dental insurance coverage for the minor children to whom the child support order applies.

(c) For those cases involving allowable child care expenses or family medical and dental insurance expenses incurred by the obligee, the same methodology described in subparagraphs (a) and (b) shall be used, except that as part of the determination of each parent’s share of the child support obligation, the obligee’s allowable child care expenses or family medical and dental insurance expenses shall be deducted from the adjusted gross income of the obligee.

3 Child Support Orders; Responsibility for Insurance Costs. Amend RSA 458:17, IX to read as follows:

IX. Each child support order shall include the court’s determination and findings relative to health insurance and the payment of uninsured medical expenses for the children. Medical co-payments for in-network care shall be apportioned between the parties on an equal basis or in a proportion that is otherwise agreed upon by the parties and approved by the court.

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