HB 161 - AS AMENDED BY THE HOUSE

 

7Apr2021... 0549h

2021 SESSION

21-0233

05/04

 

HOUSE BILL 161

 

AN ACT relative to the calculation of child support.

 

SPONSORS: Rep. Yokela, Rock. 33; Rep. Petrigno, Hills. 23; Rep. Malloy, Rock. 23; Rep. Abrami, Rock. 19

 

COMMITTEE: Children and Family Law

 

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AMENDED ANALYSIS

 

This bill revises the child support guideline percentages, increases the self-support reserve amount, defines a shared parenting plan, establishes a new formula for the calculation of child support in cases involving shared parenting plans; and permits the court to modify the presumptive child support amount as justice and the best interest of the child may require.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

7Apr2021... 0549h 21-0233

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to the calculation of child support.

 

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

 

1  Child Support Guidelines; Definition of Self-Support Reserve. Amend RSA 458-C:2, X to read as follows:

X. "Self-support reserve" means [115] 120 percent of the federal poverty guideline for a single person living alone, as determined annually by the United States Department of Health and Human Services.

2 New Paragraph; Child Support Guidelines; Definition of Shared Parenting Plan. Amend RSA 458-C:2 by inserting after paragraph XI the following new paragraph:

XII. “Shared parenting plan” means a parenting plan where the child overnights with each parent 30 percent or more of the time.

3  Child Support Guidelines; Child Support Formula. RSA 458-C:3, I(a) is repealed and reenacted to read as follows:

(a) The child support guidelines shall be based on the following:

Percent of Combined Net Income Devoted to Child Support

$44,000 or less 22 percent 34 percent 42 percent 45 percent

$55,000 21 33 40 43

$66,000 20 30 36 39

$77,000 18 28 33 36

$88,000 17 25 30 33

$110,000 16 25 30 32

$121,000 16 24 28 30

$132,000 15 22 27 29

$176,000 13 20 24 26

$176,001 or more 12 18 21 23

4  Child Support Guidelines; Child Support Formula. Amend RSA 458-C:3, II(a) to read as follows:

II.(a) When there is a shared parenting plan, the total support obligation shall be determined by multiplying the parents' total net income, as defined in RSA 458-C:2, VI, by the appropriate percentage derived from this section and multiplying the resulting number by 1.5. Otherwise, the total support obligation shall be determined by multiplying the parents' total net income, as defined in RSA 458-C:2, VI, by the appropriate percentage derived from this section.

5  Child Support Guidelines; Child Support Formula.  Amend RSA 458-C:3, II(d) to read as follows:

(d) For those cases involving a shared parenting plan, a credit for the parenting time is calculated by multiplying the parenting time percentage with the total support obligation to determine the parenting time credit.  The parenting time credit is then subtracted from the support obligation reached in subparagraphs (b) or (c) to generate the child support obligation.

(e)  All child support obligations calculated pursuant to this chapter shall be rounded to the nearest whole dollar.

6  New Paragraph; Adjustments to the Application of the Guidelines Under Special Circumstances; Modification of Child Support As Justice and The Best Interest of the Child May Require.  Amend RSA 458-C:5 by inserting after paragraph II the following new paragraph:

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

7  Repeal.  The following are repealed:

I.  RSA 458-C:5, I(h)(1), relative to adjustments to the child support guidelines due to equal or approximately equal residential responsibility.

II.  RSA 458-C:5, I(h)(2)(B), relative to adjustments to the child support guidelines due to lower fixed costs resulting from equal or approximately equal residential responsibility.

8  Effective Date.  This act shall take effect January 1, 2022.