hb 0299

CHAPTER 1

HB 299 - FINAL VERSION

AN ACT removing judicial discretion to order a divorced parent to contribute to an adult child's college expenses.

SPONSORS: Rep. Bickford, Straf 68

This bill removes the court's discretion to order a divorced parent to contribute to an adult child's college expenses.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT removing judicial discretion to order a divorced parent to contribute to an adult child's college expenses.

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

1:1 New Paragraph; Domestic Relations; Support and Custody of Children; Order for Payment of Educational Expenses of Adult Children Prohibited. Amend RSA 458:17 by inserting after paragraph XI the following new paragraph:

XI-a. No child support order shall require a parent to contribute to an adult child's college expenses or other educational expenses beyond the completion of high school.

1:2 Domestic Relations; Trust Fund; Reference to Fund for College Age Child Deleted. Amend RSA 458:20 to read as follows:

458:20 Trust Fund. In a proceeding under this chapter, the court may set aside a portion of the property of the parties in a separate fund or trust for the support, maintenance, education and general welfare of either party or of any minor, dependent, or incompetent child of the parties. A separate fund or trust may also be established under this section [~~for a child of the parties, who is 18 years of age or older, if the child is in college, and~~] for an incompetent child of the parties who is 18 years of age or older.

1:3 Domestic Relations; Duration of Child Support. Amend RSA 458:35-C to read as follows:

458:35-c Duration of Child Support. Unless the court or other body empowered by law to issue and modify support orders specifies differently, the amount of a child support obligation stated in the order for support shall remain as stated in the order until all dependent children for whom support is provided in the order shall terminate their high school education or reach the age of 18 years, whichever is later, or become married, or become a member of the armed services, at which time the child support obligation, including all educational support obligations, terminates without further legal action. This amount shall remain as specified unless a legal order expressly allocates the payments on a per child basis. If the order involves a disabled child, the court shall specify the duration of the order, which may be beyond the time when the child reaches the age of 18.