HB 1612 – AS INTRODUCED
2012 SESSION
09/05
HOUSE BILL 1612
AN ACT requiring the supreme court to adopt uniform rules of evidence for the superior and circuit courts and relative to child support and guardians ad litem.
SPONSORS: Rep. Sheffert, Rock 15; Rep. Lambert, Hills 27
This bill requires the supreme court to adopt uniform rules of evidence for the superior court and circuit court.
This bill also requires the party receiving child support to submit a monthly record of expenditures to the court and the party paying child support, at the request of the party paying child support. The bill prevents a court or administrative body from requiring immediate income assignment, if the party responsible for paying support pays all previously ordered support within a certain time period.
The bill establishes that guardians ad litem shall not present hearsay evidence to a court.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2204
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT requiring the supreme court to adopt uniform rules of evidence for the superior and circuit courts and relative to child support and guardians ad litem.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Superior Court; Uniform Rules of Evidence. Amend RSA 490 by inserting after section 4-a the following new section:
490:4-b Uniform Rules of Evidence. The supreme court shall adopt uniform rules of evidence to be followed by the superior court and the circuit court.
2 New Paragraph; Support. Amend RSA 461-A:14 by inserting after paragraph XVIII the following new paragraph:
XIX. At the request of the obligor, the obligee shall submit a monthly record of expenditures from the support payment to the court and the obligor. This record shall include validated proof, such as a copy of the bill, for expenditures for a mortgage or rent payment and property tax payments.
3 Assignment of Income. Amend RSA 458-B:2, I(c) to read as follows:
(c) When the court or administrative body finds that there is good cause not to require immediate income assignment. For purposes of this paragraph, any finding that there is good cause not to require assignment must be based on at least:
(1) A written determination and explanation by the court or administrative body as to why implementing immediate assignment would not be in the best interests of the child; [and]
(2) Proof of the obligor's timely payment of any previously ordered support[.]; and
(3) The voluntary payment by the obligor of any previously ordered support within 5 business days of notice from the court or administrative body.
4 Guardian ad Litem. Amend RSA 461-A:16, II to read as follows:
II. Persons accepting appointment as guardians ad litem agree to serve as officers of the court and have such standing in the proceedings as the court deems appropriate and may, upon approval of the court, utilize the service of others found necessary by the court to represent the child's best interest. Under no circumstances shall a guardian ad litem present hearsay evidence to the court.
5 Effective Date. This act shall take effect January 1, 2013.