HB317 (2021) Detail

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


HB 317-FN - AS INTRODUCED

 

 

2021 SESSION

21-0391

05/10

 

HOUSE BILL 317-FN

 

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

 

SPONSORS: Rep. Baldasaro, Rock. 5; Rep. Spillane, Rock. 2; Rep. Pearl, Merr. 26; Rep. Hopper, Hills. 2; Rep. Wallace, Rock. 12; Rep. Leishman, Hills. 24; Sen. Giuda, Dist 2; Sen. Bradley, Dist 3; Sen. Daniels, Dist 11; Sen. Gannon, Dist 23

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0391

05/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

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, 2022.

 

LBA

21-0391

12/22/20

 

HB 317-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 2021

FY 2022

FY 2023

FY 2024

   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

HB317 at GenCourtMobile
HB317 Discussion

Action Dates

Date Body Type
Feb. 3, 2021 House Hearing
Feb. 18, 2021 House Hearing
March 11, 2021 House Exec Session
March 11, 2021 House Exec Session
House Floor Vote

Bill Text Revisions

HB317 Revision: 31642 Date: Jan. 9, 2021, 6:44 p.m.

Docket


April 7, 2021: Reconsider (Rep. Osborne): MF VV 04/07/2021 HJ 5 P. 50


April 7, 2021: Inexpedient to Legislate: MA VV 04/07/2021 HJ 5 P. 4


: Committee Report: Inexpedient to Legislate (Vote 15-0; CC) HC 18 P. 3


March 11, 2021: Executive Session: 03/11/2021 09:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/91927749754


March 11, 2021: Executive Session: 03/11/2021 9:30 a.m.


Feb. 18, 2021: ==CONTINUED== Public Hearing: 02/18/2021 09:45 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/95160795068 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Feb. 3, 2021: ==RECESSED== Public Hearing: 02/03/2021 11:15 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/96640856922 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Children and Family Law HJ 2 P. 43