HB322 (2025) Detail

Allowing a parent paying child support to retain the exclusive right to claim the child as a dependent on their tax return.


HB 322  - AS INTRODUCED

 

 

2025 SESSION

25-0395

11/09

 

HOUSE BILL 322

 

AN ACT allowing a parent paying child support to retain the exclusive right to claim the child as a dependent on their tax return.

 

SPONSORS: Rep. Barton, Graf. 1; Rep. DeSimone, Rock. 18; Rep. Kofalt, Hills. 32; Rep. Noble, Hills. 2; Rep. M. Pearson, Rock. 34; Rep. Spillane, Rock. 2; Rep. Turcotte, Straf. 4

 

COMMITTEE: Children and Family Law

 

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ANALYSIS

 

This bill entitles a child support obligor in a divorce case to claim the child tax credit so long as the obligor is current on support obligations.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25-0395

11/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Five

 

AN ACT allowing a parent paying child support to retain the exclusive right to claim the child as a dependent on their tax return.

 

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

 

1  New Paragraph; Child Tax Credit.  Amend RSA 458:16-a by inserting after paragraph III the following new paragraph:

III-a.  A party ordered to pay child support for a dependant child or children shall be entitled annually to claim the child tax credit, if eligible, for each qualifying child, unless otherwise agreed to by the parties.  A child support obligor must be current on support obligations for the child whom they are claiming as the tax dependant at the time they claim the child tax credit.  

2  New Paragraph; Child Support; Child Tax Credit.  Amend RSA 461-A:14 by inserting after paragraph III the following new paragraph:

III-a.  All support orders shall provide that, in cases where a divorce decree exists between the obligor and obligee, the obligor shall be entitled to claim the child tax credit for a dependant child as provided in RSA 458:16-a, III-a.

3  Effective Date.  This act shall take effect January 1, 2026.

Links


Date Body Type
Jan. 28, 2025 House Hearing
Jan. 28, 2025 House Exec Session
Jan. 28, 2025 House Floor Vote

Bill Text Revisions

HB322 Revision: 46131 Date: Jan. 7, 2025, 4:03 p.m.

Docket


Feb. 13, 2025: Inexpedient to Legislate: MA VV 02/13/2025 HJ 5 P. 5


Feb. 3, 2025: Committee Report: Inexpedient to Legislate 01/28/2025 (Vote 16-0; CC) HC 11 P. 3


Feb. 3, 2025: Executive Session: 01/28/2025 10:00 am LOB 206-208


Jan. 15, 2025: Public Hearing: 01/28/2025 10:00 am LOB 206-208


Jan. 8, 2025: Introduced 01/08/2025 and referred to Children and Family Law HJ 2 P. 15