Revision: May 1, 2024, 10:30 a.m.
Rep. M. Pearson, Rock. 34
Rep. Long, Hills. 23
April 30, 2024
2024-1688h
05/02
Amendment to SB 459-FN
Amend the title of the bill by replacing it with the following:
AN ACT establishing a committee to study the child protection act; establishing a right to submit evidence and testimony in family court proceedings; relative to wage garnishment with child support payments; and relative to parenting coordinators in high-conflict cases.
Amend the bill by replacing section 5 with the following:
6 New Section; Judicial Branch Family Division; Evidence and Testimony. Amend RSA 490-D by inserting after section 3 the following new section:
490-D:3-a Evidence and Testimony. If the court admits evidence or testimony over the objection of one of the parties, or the court chooses not to admit evidence or testimony offered by one of the parties, the court shall note in the record the reason for its decision.
7 New Paragraph; Assignment of Income; Notice to Parties. Amend RSA 458-B:2 by inserting after paragraph I the following new paragraph:
I-a. At the time of the hearing the court shall notify each party that their income assignment of wages for child support will be automatic under RSA 458-B:2 unless both parties come to an agreement under another arraignment.
8 New Paragraph; Income Assignment. Amend RSA 458-B:3 by inserting after paragraph I the following new paragraph:
I-a. The circuit court family division shall develop a standard form, which may be an addendum to the child support calculation form, to be presented prior to the temporary hearing for waiving of garnishment of wages, with such form containing the following:
(a) The details of when garnishment of wages will become mandatory.
(b) Allowing for both parties to detail their preferred form of payment arrangement.
(c) Informing the payer that record keeping to prove payments in the event of a discrepancy is their responsibility.
(d) Informing the payee how to report missed payments by the payer.
9 New Section; Domestic Relations; Parental Rights and Responsibilities; Parenting Coordinators. Amend RSA 461-A by inserting after section 6 the following new section:
461-A:6-a Parenting Coordinators.
I. The court may appoint a parenting coordinator in high-conflict cases, upon agreement by both parties, to assist the parties in creating agreed-upon structured guidelines for implementing their parenting plan, to improve communication between the parties, to assist in minimizing conflict, and/or to develop a plan to deal with disputes.
II. A list of parenting coordinators shall be maintained by the circuit court. To be eligible to be included on the circuit court's list of parenting coordinators, a person must meet all of the following requirements:
(a) Hold a bachelor's, master's, or doctorate degree in psychology, law, social work, counseling, or be a family practitioner in medicine.
(b) Have at least 3 years of related professional post-degree experience.
(c) Hold a current New Hampshire license in the parenting coordinator's area of practice.
(d) Participate in 24 hours of training in fields related to the developmental stages of children, the dynamics of high conflict families, the stages and effects of divorce, problem solving techniques, mediation, domestic violence, and legal issues.
III. Only upon agreement by both parties, the trial court may, at its discretion, appoint a parenting coordinator not meeting the requirements outlined in subparagraphs II(a)-(c).
IV. The appointed parenting coordinator shall disclose to each party, the attorneys of record, and the court any familial, financial, or social relationship that the appointed person has or has had with the child, either party, the attorneys of record, or the judicial officer and, if a relationship exists, the nature of the relationship. A party shall have 7 days from the date of the disclosure to object to the appointment based upon information contained in the disclosure. If a party objects to the appointment, the court shall appoint a different person within 7 days after the date of the party's objection. If no party timely objects to the appointment, then the appointment shall be deemed confirmed.
V. Fees and costs for a parenting coordinator shall be paid by the parties equally, unless the court enters an order directing otherwise. The parenting coordinator may recommend that one party pay all or more than half of the fees and costs based upon a party's failure to work in good faith with the parenting coordinator, the other party, or both, or for other good cause. For indigent parties, the court may order that funds be used from the mediation and arbitration fund, provided in RSA 490-E:4.
VI. Parenting coordinators shall file a report with the court as soon as practicable upon matters submitted to them, only upon signed agreement by each party. Absent the agreement by both parties, the parenting coordinator shall not testify nor produce records regarding any statement, conduct, or decision that occurred during the parenting coordinator's appointment to the same extent as a family mediator of this state acting in an official capacity, except when a parenting coordinator has material information alleging abuse or sexual abuse or neglect as defined by RSA 169-C or RSA 173-B.
VII. A parenting coordinator appointed by the court pursuant to this section shall be immune from civil liability in any claim for injury that arises out of an act or omission of the parenting coordinator occurring during the performance of his or her duties or during the performance of any act that a reasonable parenting coordinator would believe was within the scope of his or her duties, unless the act or omission causing the injury was willful and wanton. Nothing in this paragraph shall be construed to bar a party from asserting a claim related to the reasonableness or accuracy of any fee charged or time billed by a parenting coordinator.
VIII. The supreme court shall establish rules and take such action as necessary to effectuate the purpose of this section, including a regulation of fees.
I. Sections 7-9 of this act shall take effect January 1, 2025.
II. Section 6 of this act shall take effect 60 days after its passage.
III. The remainder of this act shall take effect upon its passage.
2024-1688h
AMENDED ANALYSIS
This bill:
I. Establishes a committee to study the child protection act.
II. Provides that parties in a family court proceeding shall have the right to present evidence and testimony.
III. Adds restrictions to the circumstances for an income assignment.
IV. Authorizes the use of parenting coordinators in high-conflict family court cases and sets qualifications and requirements for those acting as a parenting coordinator.