HB348 (2007) Detail

Relative to the payment of college or postsecondary education expenses as part of a child support agreement.


HB 348 – AS INTRODUCED

2007 SESSION

07-1017

05/03

HOUSE BILL 348

AN ACT relative to the payment of college or postsecondary education expenses as part of a child support agreement.

SPONSORS: Rep. Emerson, Ches 7; Rep. Pilliod, Belk 5; Rep. Carolyn Brown, Carr 1; Rep. Gargasz, Hills 5; Rep. Butynski, Ches 4

COMMITTEE: Children and Family Law

ANALYSIS

This bill permits the court to require payment of college or postsecondary education expenses as part of a child support agreement.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-1017

05/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to the payment of college or postsecondary education expenses as part of a child support agreement.

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

1 Determination of Parental Rights and Responsibilities; Duration of Support Order. 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 all dependent children for whom support is ordered shall terminate their high school education or reach the age of 18 years, whichever is later, or become married, or become a member of the armed services, at which time the child support obligation[, including all educational support obligations,] terminates without further legal action. This amount shall remain as specified unless a legal order expressly allocates the payments on a per child basis. If the order involves a disabled child or involves the payment of college or other postsecondary education expenses, the court shall specify the duration of the order, which may be beyond the time when the child reaches the age of 18.

2 Determination of Parental Rights and Responsibilities; Support; Trust Fund. Amend RSA 461-A:14, XVI to read as follows:

XVI. The court may establish a separate fund or trust for the support, maintenance, education, and general welfare of any minor or incompetent child of the parties, including an incompetent child who is 18 years of age or older. A separate fund or trust may also be established for the payment of college or other postsecondary education expenses of a minor or adult child of the parties.

3 Support; Reference Change. Amend RSA 461-A:14, I to read as follows:

I. After the filing of a petition for divorce, annulment, separation, paternity, support, or allocation of parental rights and responsibilities, including petitions filed by the department of health and human services pursuant to RSA 161-B, 161-C, and 546-B, the court shall make such further decree in relation to the support and education of the children as shall be most conducive to their benefit and may order a reasonable provision for their support and education for the period of time specified in paragraphs IV, [V,] and XVI.

4 Repeal. RSA 461-A:14, V, prohibiting the payment of college or postsecondary education expenses, is repealed.

5 Effective Date. This act shall take effect January 1, 2008.