18apr01...0717h

6/12/01...1585s

26june01...1731CofC

26june01...1875eba

2001 SESSION

01-0782

05/09

HOUSE BILL 509

AN ACT establishing a statute of limitations on spousal support orders.

COMMITTEE: Children and Family Law

AMENDED ANALYSIS

This bill establishes a statute of limitations for spousal support orders.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18apr01...0717h

6/12/01...1585s

26june01...1731CofC

26june01...1875eba

01-0782

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

AN ACT establishing a statute of limitations on spousal support orders.

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

246:1 Divorce; Revision of Orders; Limitation on Alimony Orders Inserted. Amend RSA 458:14 to read as follows:

458:14 Revision of Orders, etc. Except as otherwise provided in RSA 458:19, I and VII, the court, upon proper application and notice to the adverse party, may revise and modify any order made by it, may make such new orders as may be necessary, and may award costs as justice may require.

246:2 Divorce; Alimony; Statute of Limitations Added. Amend the introductory paragraph of RSA 458:19, I to read as follows:

I. Upon motion of either party for alimony payments, the court shall make orders for the payment of alimony to the party in need of alimony, either temporary or permanent, for a definite or indefinite period of time, if [it] the motion for alimony payments is made within 5 years of the decree of nullity or divorce and the court finds that:

246:3 New Paragraph; Divorce; Alimony; Statute of Limitations Applied to Renewal of Alimony Order. Amend RSA 458:19 by inserting after paragraph VI the following new paragraph:

VII. In cases where the court issues an order for permanent alimony for a definite period of time, such order may be renewed, upon the petition of either party, provided that such petition is made within 5 years of the termination date of the permanent alimony order. Nothing in this paragraph shall be construed to change or alter in any way the terms of the original alimony order.

246:4 Effective Date. This act shall take effect January 1, 2002.

(Approved: July 13, 2001)

(Effective Date: January 1, 2002)