hb 0559

CHAPTER 227

HB 559-FN - FINAL VERSION

AN ACT relative to the procedures for assignment of income from child or spousal support orders.

SPONSORS: Rep. Bickford, Straf 1; Rep. K. Hutchinson, Rock 29

This bill authorizes the use of a direct deposit dedicated checking account as an alternative to wage assignment for child support payments.

The bill also provides that a petition for modification shall be retroactive to the date of service of the petition upon the respondent.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to the procedures for assignment of income from child or spousal support orders.

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

227:1 Domestic Relations; Assignment of Income; Direct Deposit Dedicated Checking Account Alternative. Amend RSA 458-B:2, I to read as follows:

I. Child support, spousal support or combination child and spousal support orders issued or modified after January 1, 1994, whether payable through the department or directly to an obligee, shall include a provision assigning a portion of the obligor's income, salaries, commissions, earnings, or other periodic income from whatever source, except as expressly limited by law and as otherwise provided in this section. [~~Such assignment shall take effect immediately~~] If the state is paying public assistance for the benefit of the minor children, the assignment shall be required and shall take effect immediately. In all other cases, where the state is not paying public assistance, the assignment [~~may~~] shall be suspended by the court:

(a) Where there is a written agreement between the obligor and obligee and such agreement is approved by the court or administrative body; provided that the court may require the establishment of a dedicated checking account.

(b) Where there is a written agreement between the obligor and obligee, approved by the court, that establishes a "direct deposit" dedicated checking account for the purpose of receiving regularly scheduled payments. All basic service fees of the dedicated account remain the responsibility of the obligor. The obligee shall maintain a record of all monthly bank statements for the duration of the agreement. The statements shall be presented to the court upon request. If the obligee is unwilling to agree to the use of a direct deposit dedicated checking account, the court shall inquire as to the reason for the obligee's objection. Unless a substantive reason is given to the judge as to why a direct deposit checking account cannot be used, the judge may order that a 30-day trial direct deposit checking account be used for payment of child support. The direct deposit procedure shall be revoked when a delinquency equal to the support obligation for one month is incurred. An income assignment shall then be initiated without requiring an amendment to the support order or further action by the court or administrative body that issued the order.

[~~(b)~~] (c) When the court or administrative body finds that there is good cause not to require immediate income assignment. For purposes of this paragraph, any finding that there is good cause not to require assignment must be based on at least:

(1) A written determination and explanation by the court or administrative body as to why implementing immediate assignment would not be in the best interests of the child; and

227:2 Domestic Relations; Assignment of Income. Amend RSA 458-B:2, II (b) to read as follows:

(b) In the event an assignment is suspended in the first instance because there has been a written agreement approved by the court or a determination of good cause, an obligee may seek the initiation of the assignment [~~without regard to whether there is an arrearage by petitioning the court to negate the written agreement or to remove the good cause determination~~] upon a court finding that the obligor is in violation or contempt of an order of support.

227:3 New Subparagraph; Child Support Guidelines; Child Support Formula; Effective Date of Modification. Amend RSA 458-C:3, IV by inserting after subparagraph (b) the following new subparagraph:

(c) If a petition for modification is granted, it shall be effective from the date of service of the petition upon the respondent.