Senate Children and Family Law Committee
Joshua Schauer 271-3077
HB 320-FN, relative to enforcement of marital property settlements.
Hearing Date: April 3, 2025
Time Opened: 12:17 p.m. Time Closed: 12:24 p.m.
Members of the Committee Present: Senators Abbas, Sullivan and Long
Bill Analysis: This bill enacts standards governing a motion or petition for contempt or for the enforcement of a property settlement or decree of divorce, including allowing a respondent to argue that the term is invalid.
Sponsors:
Rep. Markell | Rep. DeSimone | Rep. Bernardy |
Rep. L. Walsh | Rep. M. Pearson |
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Who supports the bill: Representative Debra DeSimone (R-18), James Spillane (R-2), Betty Gay, Tina Jean.
Who opposes the bill: Robert Tangway, Janet Lucas
Summary of testimony presented in support:
Representative Debra DeSimone: Rockingham District-18
- Representative DeSimone introduced the bill on behalf of Representative Markell.
- She said that there currently is no requirement that a court enforce their own orders. Therefore, a party can lose out on property settlement if a court chooses not to enforce it and has no appeal ability.
- This is a needed solution for a serious problem that has left a hole in the system. There are barriers to enforcement that are listed in the statute.
Senator Long asked if the intent of the bill was to go back and bring forth past issues from litigation that perhaps was 20 years ago?
Representative DeSimone stated that it is not the intent to go back to past litigation, but it is the intent for an ongoing active case.
Senator Long asked if she would be open to adding a 10-year settlement or decree to put a time restraint on how far back a party can go to re-litigate.
Representative DeSimone said that she was not the prime sponsor and that the committee could contact the prime sponsor and ask if he would be amendable to that.
Betty Gay: Former Representative
- Ms. Gay said this bill is necessary to enforce a court order. She added that this has unfortunately been a common theme and should be enforceable, which is not properly being done currently.
- She stated that it is a good bill and urged the committee to pass the legislation. However added, that Senator Long asked a good question and should be amended to reflect that there should be a time constraint on how long a person can be able to appeal.
JS
Date Hearing Report completed: April 4, 2025