HB449 (2015) Detail

Relative to the duration of child support.


HB 449 - VERSION ADOPTED BY BOTH BODIES

05/28/2015 1864s

2015 SESSION

15-0252

05/10

HOUSE BILL 449

AN ACT relative to the duration of child support.

SPONSORS: Rep. Jones, Straf 24; Rep. Cheney, Straf 17; Rep. Cordelli, Carr 4; Rep. Beaudoin, Straf 9; Rep. Hannon, Straf 25; Rep. Leeman, Straf 23; Rep. Ferreira, Hills 28; Rep. Sylvia, Belk 6; Rep. Knowles, Straf 12; Sen. Cataldo, Dist 6; Sen. Reagan, Dist 17; Sen. Avard, Dist 12

COMMITTEE: Children and Family Law

ANALYSIS

This bill provides that a parent shall not be required to provide child support for a child over 18 years of age who is pursuing a GED or similar high school equivalency certificate. Nor shall a parent be required to provide support for a child over 18 years of age who is incarcerated.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/28/2015 1864s

15-0252

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT relative to the duration of child support.

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

1 Duration of Child Support. 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 the dependent child for whom support is ordered completes his or her high school education or reaches the age of 18 years, whichever is later, or marries, or becomes a member of the armed services, at which time the child support obligation, including all educational support obligations, terminates without further legal action.

(a) If the parties have a child with disabilities, the court may initiate or continue the child support obligation after the child reaches the age of 18. No child support order for a child with disabilities which becomes effective after July 9, 2013 may continue after the child reaches age 21.

(b) Pursuit of a high school equivalency certificate, such as a GED or HiSets, after the age of 18 shall not be construed as continuation of a high school education. In such cases, the child support obligation shall terminate, without further legal action, on the date the child withdraws from school, enters a GED preparation program, or reaches the age of 18 years, whichever is later.

(c) If a child support obligation remains in effect for a child over the age of 18 and the child becomes incarcerated following a criminal conviction, the child support obligation, including all educational support obligations, terminates without further legal action on the date of conviction.

(d) If a child support obligation remains in effect for a child over the age of 18 who has not completed his or her high school education, the student shall provide written consent for both parents to obtain education records from the school.

2 Effective Date. This act shall take effect January 1, 2016.