Revision: April 19, 2018, 12:24 p.m.
SB 496-FN - AS AMENDED BY THE HOUSE
02/01/2018 0301s
02/01/2018 0419s
19Apr2018... 1259h
2018 SESSION
18-3006
04/05
SENATE BILL 496-FN
AN ACT relative to mediation for certain child support arrearages.
SPONSORS: Sen. Carson, Dist 14; Sen. Avard, Dist 12; Sen. Lasky, Dist 13; Rep. K. Rice, Hills. 37; Rep. M. MacKay, Hills. 30; Rep. Wall, Straf. 6; Rep. Welch, Rock. 13; Rep. Cushing, Rock. 21
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill permits mediation for child support arrearages for a period equaling or exceeding 8 weeks to be scheduled through the 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/01/2018 0301s
02/01/2018 0419s
19Apr2018... 1259h 18-3006
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to mediation for certain child support arrearages.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Parental Rights and Responsibilities; Support. Amend RSA 461-A:14, XVIII to read as follows:
XVIII. Any motion for contempt of a court order regarding nonpayment of child support, if filed by a parent, shall be reviewed by the court within 30 days. When the arrearage equals or exceeds the equivalent of 8 weeks of child support under the existing order, the matter of the arrearage may be scheduled for mediation through the court within 30 days of the filing of the motion for contempt of court unless a hearing on the motion is scheduled earlier. The mediation shall not consider modification of the child support order. The court shall not order mediation if there is a finding of domestic violence as defined in RSA 173-B:1, unless all parties agree to the mediation.
2 Effective Date. This act shall take effect 60 days after its passage.
18-3006
Amended 2/20/18
SB 496-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2018-0419s)
AN ACT relative to mediation for certain child support arrearages.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Mediation and Arbitration Fund and Federal Funds | |||
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METHODOLOGY:
The Judicial Branch states, since the bill would not add any new cases to the Branch’s caseload, it would not have a fiscal impact based on the number of cases. The impact to the Branch would be in the cost of mediation through the mediation and arbitration fund established in RSA 490-E:4. The Branch estimates the number of cases reopened annually dealing with child support arrearages is between 1,000 and 3,500. The Branch does not keep statistics on the amount of arrearages in these cases, therefore it cannot estimate how many cases involve an arrearage equal to or exceeding the equivalent of eight weeks of child support under the existing order. The Branch does have information on the cost of mediation in marital cases. Where a party qualifies for payment of mediation through the mediation and arbitration fund, the fund pays the party’s medication fee of $150 for five hours of service directly to the mediator.
The Department of Health and Human Service, Division of Child Support Services indicates this bill would have an indeterminable impact on state expenditures funded with 66% federal and 34% State General Funds. The Department assumes there are cases where the Department would have a direct interest in the case being mediated because of child support arrearages owed to the State of New Hampshire pursuant to an assignment of rights under RSA 167. The Department would also have an indirect interest in mediation as the keeper of records regarding the child support obligation. The number of civil contempt cases brought by parents regarding nonpayment of child support under an existing order is unknown and cannot be determined by the Department. The number of cases that would be assigned to court-order mediation is also unknown. However, in all such cases the Department would be required to expend resources to determine the State’s rights in the case and take the appropriate steps to protect those rights during mediation. In addition, the Department will frequently be providing child support services in cases mediated under this bill.
AGENCIES CONTACTED:
Judicial Branch and Department of Health and Human Services