Bill Text - HB604 (2013)

Relative to alimony.


Revision: Jan. 28, 2013, midnight

HB 604 – AS INTRODUCED

2013 SESSION

13-0047

05/10

HOUSE BILL 604

AN ACT relative to alimony.

SPONSORS: Rep. Abrami, Rock 19; Rep. Chirichiello, Rock 6; Rep. Lambert, Hills 44; Rep. Tremblay, Rock 4; Rep. Peckham, Rock 22; Rep. Oligny, Rock 34

COMMITTEE: Children and Family Law

ANALYSIS

This bill provides that an award of alimony shall be based, in part, on clear and convincing evidence that the party is unable to be self-supporting through appropriate employment. The bill also requires a party to request a renewal of alimony within 5 years of the divorce decree.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13-0047

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to alimony.

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

1 Alimony; Clear and Convincing Evidence Required. Amend RSA 458:19, I(c) to read as follows:

(c) The court finds, based on clear and convincing evidence, that the party in need is unable to be self-supporting through appropriate employment at a standard of living that meets reasonable needs or is allocated parental rights and responsibilities under RSA 461-A for a child of the parties whose condition or circumstances make it appropriate that the parent not seek employment outside the home.

2 Alimony; Period for Renewal. Amend RSA 458:19, VII to read as follows:

VII. In cases where the court issues an order for permanent alimony for a definite period of time, such order may be renewed, upon the petition of either party, provided that such petition is made within 5 years of the [termination date of the permanent alimony order] decree of nullity or divorce. Nothing in this paragraph shall be construed to change or alter in any way the terms of the original alimony order.

3 Effective Date. This act shall take effect January 1, 2014.