Revision: March 26, 2024, 8:35 a.m.
HB 1192-FN - AS AMENDED BY THE HOUSE
21Mar2024... 0914h
2024 SESSION
24-2022
09/05
HOUSE BILL 1192-FN
AN ACT relative to contempt actions in domestic relations matters.
SPONSORS: Rep. DeSimone, Rock. 18; Rep. J. Nelson, Rock. 13; Rep. Ulery, Hills. 13; Rep. Seidel, Hills. 29
COMMITTEE: Children and Family Law
─────────────────────────────────────────────────────────────────
ANALYSIS
This bill provides a process, standards, and remedies for contempt of court in domestic relations matters.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21Mar2024... 0914h 24-2022
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to contempt actions in domestic relations matters.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Domestic Relations; Annulment, Divorce and Separation; Contempt of Court. RSA 458:51 is repealed and reenacted to read as follows:
458:51 Contempt of Court.
I. In this section:
(a) "Contempt of court" means the undoubted and willful disobedience of a valid and unequivocal court order, coupled with an ability to comply with the order.
(b) "Willful disobedience" means an act, or failure to act, that is voluntary and intentional, and not accidental.
II. By petition or motion, a party may seek enforcement of a court order pertaining to abuse, alimony, annulment, child support, divorce, legal separation, parenting, or any other matter for which the judicial branch family division has jurisdiction pursuant to RSA 490-D:2.
III. The burden of proof shall be on the party seeking enforcement to prove by a preponderance of the evidence that the other party is in contempt of court.
IV. In any proceeding under this section, in which a party alleges, and the court finds, that a party is in contempt of court and has failed, without just cause, to obey an order or decree, the court shall award reasonable costs and attorneys' fees to the prevailing party. Additionally, the court may impose sanctions and conditions designed to assure the contemnor's compliance with the order or decree, including but not limited to incarceration, fines, and reimbursements, taking into consideration the nature and severity of the acts constituting the contempt, the contemnor's history of non-compliance, and any other factors the court deems relevant. If the court determines that no condition, sanction, or combination of such will reasonably assure the contemnor's compliance with the order, the court shall amend the order or decree accordingly.
V. Nothing in this section shall be construed to limit or to preclude any other rights, remedies, or causes of action that may exist under other statutes.
2 Effective Date. This act shall take effect January 1, 2025.
24-2022
Amended 3/25/24
HB 1192-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2024-0914h)
AN ACT relative to contempt actions in domestic relations matters.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
|
| |||||
Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None
| |||||
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | ||
Funding Source(s) | General Fund
| |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None
| |||||
• Does this bill provide sufficient funding to cover estimated expenditures? [X] No • Does this bill authorize new positions to implement this bill? [X] No
| ||||||
METHODOLOGY:
This bill provides a process, standards, and remedies for contempt of court in domestic relations matters. The Judicial Branch indicates it is not possible to estimate how this change in law would affect the number and complexity of legal filings. While the bill may create a higher standard for a finding of contempt, it also includes detention as a sanction which may provide additional incentive to bring a motion.
Regarding the cost of detention, the New Hampshire Association of Counties has indicated the estimated average daily cost of incarcerating an individual is between $105 and $125.
AGENCIES CONTACTED:
Judicial Branch and New Hampshire Association of Counties