SB 253 – AS AMENDED BY THE SENATE
SENATE BILL 253
This bill permits the court to enforce support orders for college and postsecondary educational expenses issued prior to February 2, 2004. Private contracts, stipulations, and prior orders for future modification of the amount of support for college expenses are also enforceable.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to enforcement of support orders for college and postsecondary educational expenses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Parental Rights and Responsibilities; Enforcement of Prior Support Orders for College Expenses. Amend RSA 461-A:14, V to read as follows:
V. No child support order shall require a parent to contribute to an adult child’s college expenses or other postsecondary educational expenses [
beyond the completion of high school]. However, any provision of a support order requiring a parent to contribute to an adult child’s college expenses or other postsecondary educational expenses that was issued prior to February 2, 2004, shall be valid and enforceable. Any order issued prior to February 2, 2004 that permitted a parent to petition the court to seek a greater contribution toward the cost of college education or postsecondary educational expenses shall be valid and binding, and the court shall retain jurisdiction over it regardless of the date on which the petition for modification is brought. Nothing in this paragraph shall prohibit the parties from entering into a valid and enforceable private contract, stipulation, or permanent stipulation entered as a court order, for payment of an adult child’s college or other postsecondary educational expenses. Failure of either party to attempt to enforce the terms of such private contract, stipulation, or permanent stipulation entered as a court order shall not render the contract, stipulation, or order unenforceable. In this paragraph, the term college expenses, postsecondary educational expenses, or educational expenses includes tuition, room, board, books, travel, and related expenses.
2 Applicability. Any private contract, stipulation, or permanent stipulation entered as a court order, for the payment of an adult child’s college or postsecondary educational expenses, shall be enforced retroactively to the date of the contract or stipulation or the date on which the permanent stipulation was entered as a court order, regardless of any lapse in enforceability due to interpretations by the court of 2004, 1. To the extent such lapse has occurred, pursuant to RSA 336:1, II, interest shall be added to payments due to cover such lapses and payments shall be due in full within 60 days of the effective date of this section.
3 Effective Date. This act shall take effect 60 days after its passage.