Revision: May 14, 2009, midnight
HB 467-FN – VERSION ADOPTED BY BOTH BODIES
2009 SESSION
05/01
HOUSE BILL 467-FN
COMMITTEE: Children and Family Law
This bill establishes a mandatory 3-year review and adjustment process for all child support cases in which support is paid through or assigned to the department of health and human services pursuant to Title IV-A of the Social Security Act.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0484
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to the review and adjustment of child support orders.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Review and Adjustment of Child Support. Amend RSA 458-C:7, I to read as follows:
I.(a) The obligor or obligee may apply to the court or, when the department of health and human services has issued a legal order of support pursuant to RSA 161-C, to the department, whichever issued the existing order, for modification of such order 3 years after the entry of the last order for support, without the need to show a substantial change of circumstances. This section shall not prohibit the obligor or obligee from applying at any time for a modification based on substantial change of circumstances.
(b) Not less than once every 3 years the department shall provide notice to the parties subject to a child support order payable through the department informing them of their right to request a review, and, if appropriate, the right to apply for adjustment of the child support order. The notice provision may be included as part of the initial support order or any subsequent orders.
(c) Not less than once every 3 years the department shall review all child support orders in which there is an assignment to the department pursuant to Title IV-A of the Social Security Act and, if appropriate, apply for adjustment of the child support order in accordance with the child support guidelines.
2 Effective Date. This act shall take effect upon its passage.
LBAO
09-0484
01/15/09
HB 467-FN - FISCAL NOTE
AN ACT relative to the review and adjustment of child support orders.
FISCAL IMPACT:
The Department of Health and Human Services states this bill will increase state expenditures by $322,272 in FY 2010, $331,143 in FY 2011, $348,315 in FY 2012, and $366,707 in FY 2013. This bill will have no fiscal impact on state, county, and local revenues or county and local expenditures.
METHODOLOGY:
The Department of Health and Human Services states this bill will require a mandatory 3 year review and adjustment process for all child support cases in which support is paid through or assigned to the Department. The Department states this bill is consistent with federal regulations required by the federal Deficit Reduction Act of 2005. Failure to implement this federally mandated legislation could subject the state to various federal sanctions including loss of federal funding designated for the operation funding of the State’s child support program, loss of federal child support performance measures incentive funds, and loss of 5% of the State’s TANF Block Grant, totaling $16,750,000 in federal funding. The Department states expenditures incurred from implementation of this bill will be eligible for the Title IV-D FFP of 66% Federal Funds. The Department states this bill will necessitate an additional 1,625 cases each year to be reviewed and adjusted, of which 800 of these cases will require court litigation. The Department will require 5 additional personnel to handle the added workload, including 2 Child Support Officers (LG 20), 2 Attorney I personnel (LG 26), and 1 paralegal (LG 16). The Department states this bill will increase state expenditures by $322,272 in FY 2010, $331,143 in FY 2011, $348,315 in FY 2012, and $366,707 in FY 2013 of which 66% is eligible for federal reimbursement. The Department states the remaining 34% would be state general funds, which would amount to $109,572 in FY 2010, $112,589 in FY 2011, $118,427 in FY 2012, and $124,680 in FY 2013.
This bill does not establish positions or contain an appropriation.