HB228 (2022) Detail

Relative to the calculation of child support in cases with equal or approximately equal parenting time.


HB 228 - AS AMENDED BY THE HOUSE

 

5Jan2022... 2116h

2021 SESSION

21-0236

05/10

 

HOUSE BILL 228

 

AN ACT relative to the calculation of child support in cases with equal or approximately equal parenting time.

 

SPONSORS: Rep. DeSimone, Rock. 14

 

COMMITTEE: Children and Family Law

 

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ANALYSIS

 

This bill provides a formula for the calculation of child support in cases with equal or approximately equal parenting time.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

5Jan2022... 2116h 21-0236

05/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to the calculation of child support in cases with equal or approximately equal parenting time.

 

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

 

1  Child Support Guidelines; Adjustment to the Application of the Guidelines Under Special Circumstances; Equal Parenting Time.  Amend RSA 458-C:5 by inserting after paragraph II the following new paragraph:

III.  In the event of a disparity of income between the parties, there shall be a rebuttable presumption that where the parties have agreed, or the court finds the parties have equal or approximately equal periods of parenting time for the child or children for which a child support order shall be applicable, child support shall be equalized and allocated in the following manner:

(a)  The child support guidelines shall be calculated based on each party's income and a child support amount shall be determined.

(b)  The amount of the child support payment shall then be calculated according to the guidelines as if the higher income party were to pay the lower income party, and then calculated as if the lower income party were to pay the higher income party.  The difference between the amounts shall be the presumptive child support obligation and paid to the party with the lower income.  This amount shall become the presumptive child support order.

(c)  Nothing in this paragraph shall preclude a court from modification of the presumptive child support order such as justice and the best interest of the child may require.

2  Adjustments to the Application of the Guidelines in Cases of Equal Parenting Time.  Amend RSA 458-C:5, I(h)(1) to read as follows:

(1)  Equal or approximately equal parenting residential responsibilities in and of itself shall not eliminate the need for child support [and shall not by itself constitute ground for an adjustment].

3  Effective Date.  This act shall take effect January 1, 2023.

Links


Date Body Type
Feb. 3, 2021 House Hearing
March 11, 2021 House Exec Session
March 11, 2021 House Exec Session
House Floor Vote
Feb. 3, 2021 House Hearing
Sept. 15, 2021 House Exec Session
March 8, 2022 Senate Hearing

Bill Text Revisions

HB228 Revision: 34649 Date: Jan. 5, 2022, 4:06 p.m.
HB228 Revision: 33307 Date: Sept. 21, 2021, 10:07 a.m.
HB228 Revision: 31496 Date: Jan. 4, 2021, 3:30 p.m.

Docket


March 17, 2022: Refer to Interim Study, MA, VV; 03/17/2022; SJ 5


March 9, 2022: Committee Report: Referred to Interim Study, 03/17/2022; Vote 5-0; CC; SC 11


Feb. 23, 2022: Hearing: 03/08/2022, Room 100, SH, 02:20 pm; SC 9


Jan. 18, 2022: Introduced 01/05/2022 and Referred to Judiciary; SJ 2


Jan. 7, 2022: Ought to Pass with Amendment 2021-2116h: MA DV 189-163 01/05/2022 HJ 1


Jan. 7, 2022: Amendment # 2021-2116h: AA VV 01/05/2022 HJ 1


Jan. 5, 2022: Ought to Pass: MA DV 01/05/2022 HJ 1


: Committee Report: Ought to Pass with Amendment # 2021-2116h (Vote 8-7; RC)


June 24, 2021: Committee Report: Ought to Pass with Amendment # 2021-2116h (Vote 8-7; RC)


Sept. 21, 2021: Committee Report: Ought to Pass with Amendment # 2021-2116h (Vote 8-7; RC) HC 48 P. 20


Aug. 18, 2021: Full Committee Work Session: 09/15/2021 10:00 am LOB 206 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Sept. 15, 2021: Full Committee Work Session: 09/15/2021 10:00 am LOB 206 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


March 15, 2021: Retained in Committee


: Retained in Committee


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. 3, 2021: Public Hearing: 02/03/2021 10:00 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. 27, 2021: Public Hearing: 02/03/2021 10:00 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. 4, 2021: Introduced (in recess of) 01/06/2021 and referred to Children and Family Law HJ 2 P. 40


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Children and Family Law HJ 2 P. 40