SB 392 – AS INTRODUCED
2008 SESSION
05/09
SENATE BILL 392
AN ACT relative to recovery of child support payments.
SPONSORS: Sen. Sgambati, Dist 4; Sen. Estabrook, Dist 21; Rep. Moran, Hills 18; Rep. Donovan, Sull 4; Rep. McLeod, Graf 2; Rep. Pilliod, Belk 5
This bill establishes the procedure for income assignment of child support payments when an employer makes a lump sum payment to the obligor.
This bill is a request of the department of health and human services.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2693
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to recovery of child support payments.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Income Assignment; Definition of Lump Sum Payment. Amend RSA 458-B:1 by inserting after paragraph VI the following new paragraph:
VI-a. “Lump-sum payment” means any income paid or payable on a non-periodic basis including, but not limited to, severance pay, accumulated sick pay, vacation pay, bonuses, commissions, or any other similar payments, excluding reimbursement for employment-related expenses incurred by the obligor.
2 New Paragraph; Amount Withheld. Amend RSA 458-B:4 by inserting after paragraph III the following new paragraph:
III-a. Notwithstanding the provisions in paragraph III, before making a lump-sum payment of $100 or more to an obligor already subject to an income assignment by the department pursuant to RSA 458-B:6, the employer shall:
(a) Notify the department of the lump-sum payment including the amount and the anticipated date of payment to the obligor.
(b) Hold the lump sum payment for 10 days, excluding Saturdays, Sundays, and legal holidays, from the date on which the employer notified the department.
(c) If within the 10-day period the department provides notice to the employer of an amount to be withheld, withhold and deliver that amount to the department to be applied to any arrearage.
(d) Make the lump sum payment to the obligor upon written authorization from the department or upon the expiration of the 10-day period provided in subparagraph (b), if the employer has not received notice under subparagraph (c).
3 Amount Withheld. Amend RSA 458-B:4, IV to read as follows:
IV. Notwithstanding [paragraph] paragraphs III and III-a, the total amount withheld shall not exceed the amount specified in 15 U.S.C. 1673(b).
4 Effective Date. This act shall take effect 60 days after its passage.