HB1716 (2020) Detail

Relative to the treatment of veterans' disability benefits for purposes of determining child support.


HB 1716-FN - AS INTRODUCED

 

 

2020 SESSION

20-3138

05/01

 

HOUSE BILL 1716-FN

 

AN ACT relative to the treatment of veterans' disability benefits for purposes of determining child support.

 

SPONSORS: Rep. Baldasaro, Rock. 5; Rep. Wallace, Rock. 12

 

COMMITTEE: Children and Family Law

 

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ANALYSIS

 

This bill provides that a veteran's disability benefit shall not be considered as gross income for purposes of determining child support unless the veteran waived a portion of retirement pay for the disability benefit.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-3138

05/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the treatment of veterans' disability benefits for purposes of determining child support.

 

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

 

1  Child Support Guidelines; Definition of Gross Income; Veterans Disability Compensation.  Amend the introductory paragraph of RSA 458-C:2, IV to read as follows:

IV.  "Gross income" means all income from any source, whether earned or unearned, including, but not limited to, wages, salary, commissions, tips, annuities, social security benefits, trust income, lottery or gambling winnings, interest, dividends, investment income, net rental income, self-employment income, alimony, business profits, pensions, bonuses, and payments from other government programs (except public assistance programs, including aid to families with dependent children, aid to the permanently and totally disabled, supplemental security income, food stamps, and general assistance received from a county or town), including, but not limited to, workers' compensation, veterans' benefits (except as otherwise provided in subparagraph (d)), unemployment benefits, and disability benefits; provided, however, that no income earned at an hourly rate for hours worked, on an occasional or seasonal basis, in excess of 40 hours in any week shall be considered as income for the purpose of determining gross income; and provided further that such hourly rate income is earned for actual overtime labor performed by an employee who earns wages at an hourly rate in a trade or industry which traditionally or commonly pays overtime wages, thus excluding professionals, business owners, business partners, self-employed individuals and others who may exercise sufficient control over their income so as to recharacterize payment to themselves to include overtime wages in addition to a salary.  In addition, the following shall apply:

2  New Subparagraph; Definition of Gross Income; Veterans Disability Compensation.  Amend RSA 458-C:2, IV by inserting, after subparagraph (c) the following new subparagraph:

(d)  A veteran's compensation for service-connected disability shall not be considered as gross income unless the veteran waived a portion of retirement pay in order to receive such compensation, as verified by an apportionment review conducted by the United States Department of Veterans Affairs in accordance with 42 U.S.C. section 659(h)(1)(A)(ii)(V) and Informational Memorandum IM-98-03, dated September 25, 1998, as amended or updated by the Department.

3  Effective Date.  This act shall take effect January 1, 2021.

 

LBAO

20-3138

Revised 3/31/20

 

HB 1716-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the treatment of veterans' disability benefits for purposes of determining child support.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Federal funds

 

METHODOLOGY:

This bill amends the definition of "gross income" under the NH child support guidelines by excluding veterans' disability benefits from the calculation of gross income in most instances.  The Department of Health and Human Services notes that in certain cases, any decrease in child support could result in additional families seeking aid through various state assistance programs.  In addition, the Department states that the bill may subject the Bureau of Child Support Services to federal sanctions, in that it may conflict with federal regulation 45 CFR 302.56(c)(1), which requires state child support guidelines to take into consideration all earnings and income of the noncustodial parent.  The Department speculates that such sanctions could include the loss of federal funding for child support programs, loss of federal child support performance measure incentive funds, and up to 5 percent of the state's Temporary Assistance to Needy Families (TANF) block grant.  In total, federal funds received by the Bureau of Child Support Services equal $11.8 million per year in the current FY 2020/21 budget.     

 

AGENCIES CONTACTED:

Department of Health and Human Services

 

Links

HB1716 at GenCourtMobile
HB1716 Discussion

Action Dates

Date Body Type
March 5, 2020 House Floor Vote
March 17, 2020 House Hearing
March 17, 2020 House Hearing
June 2, 2020 House Exec Session
June 2, 2020 House Hearing

Bill Text Revisions

HB1716 Revision: 8240 Date: April 3, 2020, 9:47 a.m.

Docket

Date Status
March 5, 2020 Late Drafting and Introduction Approved by Rules Committee 03/05/2020 HJ 6 P. 1
March 5, 2020 Introduced 03/05/2020 and referred to Children and Family Law HJ 6 P. 1
March 5, 2020 Suspend House Rule to extend reporting deadline (Reps. Ley, Hinch): MA VV by necessary two-thirds vote 03/05/2020 HJ 6 P. 1
March 17, 2020 ==CANCELLED== Public Hearing: 03/17/2020 10:00 am LOB 206
March 17, 2020 ==CANCELLED== Executive Session: 03/17/2020 11:00 am LOB 206
June 2, 2020 Public Hearing: 06/02/2020 01:00 pm Members of the public may attend using this link: https://www.zoom.us/j/99085894301
June 2, 2020 Executive Session: 06/02/2020 03:00 pm Pursuant to House Rule 43(b) an executive session may be held following hearing
Majority Committee Report: Refer for Interim Study (Vote 12-8; RC) HC 23 P. 7
Minority Committee Report: Ought to Pass