Revision: Jan. 5, 2022, 4:06 p.m.
HB 228 - AS AMENDED BY THE HOUSE
5Jan2022... 2116h
2021 SESSION
21-0236
05/10
HOUSE BILL 228
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
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.