Revision: April 3, 2020, 9:47 a.m.
HB 1716-FN - AS INTRODUCED
HOUSE BILL 1716-FN
SPONSORS: Rep. Baldasaro, Rock. 5; Rep. Wallace, Rock. 12
COMMITTEE: Children and Family Law
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
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:
(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.
HB 1716-FN- FISCAL NOTE
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
[ X ] General [ ] Education [ ] Highway [ X ] Other - Federal funds
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.
Department of Health and Human Services