2000 SESSION

00-2193

04/09

HOUSE BILL 1498

COMMITTEE: Children and Family Law

ANALYSIS

This bill establishes a committee to study child support and parental involvement issues, including the issue of shared custody of children.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

00-2193

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand

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

1 Committee Established; Purpose. There is established a committee to study child support and parental involvement issues, including the issue of shared custody. The general court recognizes a continuing problem of compliance with child support orders and the need to honor a federal mandate to periodically study the effectiveness of child-support guidelines. The general court further recognizes the link between parental involvement and the financial health of children. In addition, programs and policies that might promote higher parental involvement as a means of obtaining relief from the problem of child poverty should be identified. Therefore, the general court recommends the establishment of a committee to study child support and parenting issues.

2 Membership and Compensation.

I. The members of the committee shall be as follows:

(a) Three members of the house of representatives, appointed by the speaker of the house.

(b) Two members of the senate, appointed by the president of the senate.

II. The committee shall also consist of the following non-voting members:

(a) The governor, or a designee.

(b) One member of the New Hampshire Bar Association, family law section, appointed by the chairperson of the family law section.

(c) Two public members involved in or representing the interests of, joint or shared custody parenting arrangements.

(d) Two public members representing the interests of custodial parents, appointed by the governor.

(e) Two public members representing the interests of non-custodial parents, appointed by the governor.

(f) One marital master, appointed by the chief justice of the superior court.

(g) The chief justice of the superior court, or a designee.

(h) One individual representing the family division of the superior court, appointed by the chief justice of the superior court, or designee.

III. Members appointed to the committee shall serve without compensation. Legislative members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

3 Duties. The duties of the committee shall include, but are not limited to:

I. Reviewing the provisions of RSA 458-C, the child support guidelines, including RSA 458-C:5 addressing special circumstances warranting adjustments to the application of the guidelines, to determine their effectiveness and fairness.

II. Reviewing RSA 639:4, regarding criminal sanctions for non-support, to determine their effectiveness and fairness.

III. Studying the impact of the costs of providing medical insurance for the non-custodial parent and as part of a child support order.

IV. Studying federal and other states' child support guidelines, statutes, and legislation with a view toward improving New Hampshire's child support formula. Specifically, the committee shall determine the amount of financial support necessary to support a child adequately in New Hampshire.

V. Studying split and shared custody arrangements with a view toward making recommendations for changes to the child support guidelines formula.

VI. Holding 4 public hearings at separate geographic locations around the state for the purpose of obtaining testimony from the public on child support issues.

VII. Studying the relationships between parental involvement and financial support of children and, identifying programs and policies which would facilitate closer relationships between parents and children.

VIII. Reviewing the self-support level necessary and determining appropriate minimum and maximum levels.

IX. Reviewing the provisions of RSA 458:20, relative to establishing a trust fund for the support, maintenance, education, and general welfare of either party or a child of a party.

X. Making recommendations for any proposed legislation that the committee deems necessary.

4 Support. The department of health and human services shall provide reasonable administrative support to the committee.

5 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Nine members of the committee shall constitute a quorum.

6 Report. The committee shall submit an interim report of its findings including a minority report, if any, to the speaker of the house of representatives and the senate president, no later than November 1, 2001. The committee shall submit its final report, and a minority report if any, including any recommendations for proposed legislation to the speaker of the house, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2002.

7 Effective Date. This act shall take effect 60 days after its passage.